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A 

MANUAL 

OF 

PARLIAMENTARY   PRACTICE, 

COMPOSED  ORIGINALLY 

FOR  THE  USE  OP 

THE  SENATE  OF  THE  UNITED  STATES. 


BY   THOMAS   JEFFERSONi 


WITH  REFERENCES  TO  THE  PRACTICE  AND  RULES  OF  THE 

HOUSE  OF  REPRESENTATIVES. 

The  whole  brought  down  to  the  practice  of  the  present 
time ;  to  which  are  added 

THE  RULES  AND  ORDERS  OF  BOTH  HOUSES 
OF  CONGRESS. 


PHILADELPHIA: 

HOG  AN  &  THOMPSON. 

PITTSBURGH— D.  M.  HOGAN. 

1834. 


\ 


•• 


' 


Entered  according  to  Act  of  Congress,  in  the  year  1834, 
by  HOGAN  AND  THOMPSON,  in  the  Clerk's  Office  of  the 
Eastern  District  of  Pennsylvania. 


MR.  JEFFERSON'S  PREFACE. 


THE  Constitution  of  the  United  States,  estab- 
lishing a  legislature  for  the  Union  under  certain 
forms,  authorizes  each  branch  of  it  "  to  deter- 
mine the  rules  of  its  own  proceedings."  The 
Senate  have  accordingly  formed  some  rules  for 
its  own  government :  but  those  going  only  to 
few  cases,  they  have  referred  to  the  decision  of 
their  President,  without  debate  and  without  ap- 
peal, all  questions  of  order  arising  either  under 
their  own  rules,  or,  where  they  have  provided 
none.  This  places  under  the  discretion  of  the 
President  a  very  extensive  field  of  decision,  and 
one  which,  irregularly  exercised,  would  have  a 
powerful  effect  on  the  proceedings  and  determi- 
nations of  the  House.  The  President  must  feel 
weightily  and  seriously  this  confidence  in  his 


4  PREFACE. 

discretion ;  and  the  necessity  of  recurring,  for 
its  government,  to  some  known  system  of  rules, 
that  he  may  neither  leave  himself  free  to  indulge 
caprice  or  passion,  nor  open  to  the  imputation 
of  them.  But  to  what  system  of  rules  is  he  to 
recur,  as  supplementary  to  those  of  the  Senate  ? 
To  this  there  can  be  but  one  answer ;  to  the 
systems  of  regulations  adopted  for  the  govern- 
ment of  some  one  of  the  Parliamentary  bodies 
within  these  States,  or  of  that  which  has  served 
as  a  prototype  to  most  of  them.  This  last  is  the 
model  which  we  have  all  studied  ;  while  we  are 
little  acquainted  with  the  modifications  of  it  in  our 
several  States.  It  is  deposited,  too,  in  publica- 
tions possessed  by  many,  and  open  to  all.  Its 
rules  are  probably  as  wisely  constructed  for 
governing  the  debates  of  a  considerative  body, 
and  obtaining  its  true  sense,  as  any  which  can 
become  known  to  us ;  and  the  acquiescence  of 
the  Senate  hitherto  under  the  references  to  them, 
has  given  them  the  sanction  of  their  approba- 
tion. 

Considering,  therefore,  the  law  of  proceed- 
ings in  the  Senate  as  composed  of  the  precepts 


PREFACE.  5 

of  the  Constitution,  the  regulations  of  the  Se- 
nate, and  where  these  are  silent,  of  the  rules  of 
Parliament,  I  have  here  endeavoured  to  collect 
and  digest  so  much  of  these  as  is  called  for  in 
ordinary  practice,  collating  the  Parliamentary 
with  the  Senatorial  rules,  both  where  they 
agree  and  where  they  vary.  I  have  done  this, 
as  well  to  have  them  at  hand  for  my  own  gov- 
ernment, as  to  deposite  with  the  Senate  the 
standard  by  which  I  judge  and  am  willing  to  be 
judged.  I  could  not  doubt  the  necessity  of 
quoting  the  sources  of  my  information ;  among 
which,  Mr.  Hatsel's  most  valuable  book  is  pre- 
eminent; but  as  he  has  only  treated  some 
general  heads,  I  have  been  obliged  to  recur  to 
other  authorities,  in  support  of  a  number  of 
common  rules  of  practice  to  which  his  plan  did 
not  descend.  Sometimes  each  authority  cited 
supports  the  whole  passage.  Sometimes  it  rests 
on  all  taken  together.  Sometimes  the  authority 
goes  only  to  a  part  of  the  text,  the  residue  being 
inferred  from  known  rules  and  principles,  For 
some  of  the  most  familiar  forms,  no  written 
authority  is,  or  can  be  quoted  ;  no  writer  having 
supposed  it  necessary  to  repeat  what  all  were 


6  PREFACE. 

presumed  to  know.       The  statement  of  these 
must  rest  on  their  notoriety. 

I  am  aware,  that  authorities  can  often  be  pro- 
duced in  opposition  to  the  rules  which  I  lay 
down  as  Parliamentary.  An  attention  to  dates 
will  generally  remove  their  weight.  The  pro- 
ceedings of  Parliament  in  ancient  times,  and  for 
a  long  while,  were  crude,  multiform,  and  em- 
barrassing. They  have  been,  however,  con- 
stantly advancing  towards  uniformity  and  ac- 
curacy ;  and  have  now  obtained  a  degree  of 
aptitude  to  their  object,  beyond  which  little  is  to 
be  desired  or  expected. 

Yet  I  am  far  from  the  presumption  of  believ- 
ing, that  I  may  not  have  mistaken  the  Parlia- 
mentary practice  in  some  cases  ;  and  especially 
in  those  minor  forms,  which  being  practised 
daily,  are  supposed  known  to  every  body,  and 
therefore  have  not  been  committed  to  writ- 
ing. Our  resources,  in  this  quarter  of  the  globe, 
for  obtaining  information  on  that  part  of  the  sub- 
ject, are  not  perfect.  But  I  have  begun  a  sketch, 
which  those  who  come  after  me  will  succea- 


PREFACE.  7 

sively  correct  and  fill  up,  till  a  code  of  rules 
shall  be  formed  for  the  use  of  the  Senate,  the 
effects  of  which  may  be  accuracy  in  business, 
economy  of  time,  order,  uniformity,  and  impar- 
tiality. 


NOTE. — The  rules  and  practices  peculiar  to 
both  the  Senate  and  House  of  Representatives, 
are  printed  in  smaller  type. 


TABLE  OF  CONTENTS. 


Sec.  Page, 

1.  Rules,  importance  of,  -     17 

2.  Legislature,          -  18 

3.  Privilege,       -  -     19 

4.  Elections,  23 

5.  Qualifications,            -  -            -     29 
p.  Quorum,               -  32 

n.  Call  of  the  House,      -  -    32 

'   8.  Absence,               -  33 

9.  Speaker,  -            -     34 

10.  Address,               -             -  35 

11.  Committees,  -            -     36 

12.  Committee  of  the  Whole,  38 

13.  Examination  before  committees,  &c.       41 

14.  Arrangement  of  business,  43 

15.  Order,  -     45 

16.  "     respecting  papers,     -  46 

17.  "     in  debate,  -     47 

18.  Orders  of  the  House,  56 

19.  Petitions,       -            -  -             -     58 


1U  TABLE  OF  CONTENTS. 

Sec.  Page. 

20.  Motions,  59 

21.  Resolutions,  -  -     61 

22.  Bills,  Reading,     -  61 

23.  "     Leave  to  bring  in,  -  -     62 

24.  "     1st.  reading,  -  63 

25.  "     2d.  reading,        -  -  -     66 

26.  "     Commitment,            -  64 

27.  "     Report  of  committee,  -  -     70 

28.  "     Re-commitment,        -  71 

29.  "     Report  taken  up,  -     71 

30.  "     Quasi-committee,       -  72 

31.  "     2d  reading  in  the  House,  -     75 

32.  "     Reading  papers,  -  78 

33.  "     Privileged  questions,  -  -     79 

34.  "     Previous  question,  90 

35.  "     Amendments,     -  -     94 

36.  "     Division  of  question,  99 

37.  "     Co-existing  question,  -  -  102 

38.  "     Equivalent  questions,  103 

39.  "     The  question,     -  -  -  105 

40.  "     3d  reading,                -  -         106 

41.  "     Division  of  the  House,  -  -109 

42.  "     Title,  115 

43.  Re-consideration,       -  -  116 

44.  Bills  sent  to  the  other  House,        -         119 


TABLE  OF  CONTENTS.  11 

Sec.  Page. 

45.  Amendments  between  the  Houses,      -  120 

46.  Conferences,  -    .    123 

47.  Messages,      -             -  -             -  126 

48.  Assent,     -  129 

49.  Journals,        -  -  131 

50.  Adjournment,       -             -  -         134 

51.  Session,  -  135 

52.  Treaties,  138 

53.  Impeachment,             -  -             -  141 
Rules  and  Orders  of  the  Senate,  149 
Rules  and  Orders  of  the  House,  -            -  162 
Joint  Rules  and  Orders,           -  188 


INDEX. 


See. 

Absence,        .  .  .  .  .  8. 6 

Address, 10 

Adhere,          .  *  .  .  .45.38 

Adjournment,      .  .  .  .  50. 33 

Agree,  ....'.        45.38 

Amendments,      ....          35.29.40 
Amendments  between  the  Houses,     .  .        45. 38 

Arrangement  of  business,  ...          14 

Assent,  President's, 

Bills,  leave  to  bring  in,  ...         23 

"     readings,  ....  22 

"     1st  reading,  ....          24 

"     2d  reading,         .  .  .  25. 31 

"     3d  reading,  ....          40 

"    commitment,     ....        26.30 
44    re-commitment,     .  .  .  .28 

44     title,  ....  42 

44    sent  to  other  House,  ...         44 

44    assent  to,  ....  48 

Blank,  filling, 33.40 

Brief,  .  .  .  .  40 

Business,  arrangement  of,          .  .  .14 

Call  of  the  House,      ....  7 

Chairman,  .  .  •  .  .    11, 12 

Co-existing  questions,  ...  37 

Commissioners,  .  .  .  .51 

Commitment,  .  .  .  .26.40 

Committee,  .  .  .  .11. 51. 30 

44        revised,     .  .  .  .  27 


14  INDEX. 

Sec. 

Committee  of  the  whole,                .            .  12 

"         quasi,          ....  32 

"         examination  before,      .             .  .13 

"        report  of,                ...  27 

joint,  ....         11 

Conferences,               .            .            .            .  49 

Congress,              .            .            .  .2 

Counsel,                                    ...  13 

Counting  the  House,        ...  6.  18.  41 

Debate,  order  in,                     .            .            .  17 

Disagree,              .                         .            .  45. 38 

Discontinuance,         .            .            *  51.  33 

Dissolution,           .             .             .             .  .51 

Division  of  the  House,           .            .            .  41.9 

Division  of  a  question,      .             .             .  .36 

Documents  communicated,                 .            .  44 

Elections,             .            .             .             .  7. 4 

Enquiry  instituted,                  ...  13 

Equivalent  questions,       .             .             .  .38 

Evidence,  communication  of,               .             .  44 

Examination  before  committee,  &c.         .  .         13 

Houses,  call  of,          ....  7 

"        counted,               ...  6.  18. 14 

"         division  of,     .             .             .             .  41 

"        orders  of,              .             .             .  .18 

"        bills  sent  to  or  from,              .            .  44 

'*        amendments  between,    .            .  .45 

"        conference  between,               .            .  46 

•*        messages  between,          .            .  ,47 

44        joint  committee  of,                 .            *  11 

Impeachment,      .            .            .            .  .53 

Insist,  .  .  .  .  .45.38 

Joint  committee,               .            .            .  .11 

Journals,        .            .            .            .  49.  6 

Jurisdiction  of  Congress, 

Leave  to  bring  in  bill,            ...  23 

Legislature,         .....  2 


INDEX.  15 

Sec. 

Lie  on  table,              .            .                         .  33 

Messages,            .            .            .             .  47.12 
Mistakes  corrected,                .            .      6.  11.  44.  47.  49 

Motions,               .                         ,            .  .20 

Motion  withdrawn,    .             .            .            .  33 

Order,                   .                         .            .  .15 

"    respecting  papers,          .            ,            .  16 

"     in  debate,                 .             ...  .17 

Orders  of  the  day,      .                         .            .  33 

"      of  the  House,        .             .            .  18.21 

Papers,  order  respecting,       .             .            .  16 

"        reading,                .            .            .  33.32 

Passage  of  bill,           .                         .  40 

Petitions,               .             .             .             .  .19 

Postponement,            .            .            .  33 

President,  his  assent,        .            .            .  .48 

"         may  adjourn,          ...  50 

"         call  Congress,               .            .  .51 

"         make  treaties,        ...  52 

"        inform  Congress,          .            .  .10 

President  of  Senate,                ...  9 

President  pro  tern.            .             ,             .  .9 

Previous  question,                   ...  34 

Privilege,              .            .            .            .  8. 33. 11 

Privileged  questions,              ...  33 

Prorogation,                      .             .             .  .51 

Quasi-committee,       ....  30 

Qualification,                    .            .            .  .          5 

Question,  the,             ....  39 

"        previous,          .            .            .  .34 
M        privileged,              .            .            .33 

Question,  division  of,        .            .            .  .        36 

"        co-existing,            .            .            .  38 

"        equivalent,       .            .            .  .38 

"        same,         ....  43 

Quorum,              ....  6.12.41 


16  INDEX. 

Sec. 

Reading,  1st,               ....  24 

2d,                     .            .             .  31.25 

3d,               ....  40 

Reading  papers,               .            .  33.32 

Readings,        .....  22 

Recede,               .            .            .            .  45.38 

Re -commitment,        .            *.            .            -  28 

Re-consideration,            .            .            .  43. 48 

Remonstrance,            .            .            .            .  19 

Report  of  committee,        .            .            .  .27 

Report  taken  up,        ....  29 

Resolutions,          .            .            .            .  .21 

Revival  of  committee,            ...  27 

Rules,  importance  of,                    .            .  . 

Rider,            .....  40 

Sergeant,              .            .             .            .  3.8.18 

Session,          .....  51 

Speaker,               .            .            »             .  .          9 

Speaker,  pro  tern.      .            .                         .  9 
Table,  lie  on,        .....        33 

Title, 42 

Treaties,  .....        52 

Vote, 3 

"    changed,                  .            .            .  .41 

"    disallowed,         .... 

Witnesses,           -?            .            .            .  .13 

Words,  disorderly,      ....  3 

Yeas  and  Nays,               .            .            .  .41 


MANUAL 

OF 

PARLIAMENTARY  PRACTICE. 


IMPORTANCE    OF    RULES. 

SECTION  I. 
THE  IMPORTANCE  OF  ADHERING  TO  RULES. 

MR.  ONSLOW,  the  ablest  among  the  Speakers 
of  the  House  of  Commons,  used  to  say  "  it  was 
a  maxim  he  had  often  heard  when  he  was  a 
young  man,  from  old  and  experienced  members, 
that  nothing  tended  more  to  throw  power  into 
the  hands  of  Administration  and  those  who  ac- 
ted with  the  majority  of  the  House  of  Com- 
mons, than  a  neglect  of,  or  departure  from,  the 
rules  of  proceeding :  that  these  forms,  as  insti- 
tuted by  our  ancestors,  operated  as  a  check,  and 
control,  on  the  actions  of  the  majority  ;  and  that 
they  were,  in  many  instances,  a  shelter  and  pro- 
tection to  the  minority,  against  the  attempts  of 
power." 

So  far  the  maxim  is  certainly  true,  and  is 
founded  in  good  sense,  that  as  it  is  always  in  the 

B 


18  LEGISLATURE. 

power  of  the  majority,  by  their  numbers,  to  stop 
any  improper  measures  proposed  on  the  part  of 
their  opponents,  the  only  weapons  by  which  the 
minority  can  defend  themselves  against  similar 
attempts  from  those  in  power,  are  the  forms  and 
rules  of  proceeding,  which  have  been  adopted  as 
they  were  found  necessary  from  time  to  time, 
and  are  become  the  law  of  the  House  ;  by  a  strict 
adherence  to  which,  the  weaker  party  can  only 
be  protected  from  those  irregularities  and  abuses, 
which  these  forms  were  intended  to  check,  and 
which  the  wantonness  of  power  is  but  too  often 
apt  to  suggest  to  large  and  successful  majorities. 
—2  Hats.  171,  172. 

And  whether  these  forms  be  in  all  cases  the 
most  rational  or  not,  is  really  not  of  so  great  im- 
portance. It  is  much  more  material  that  there 
should  be  a  rule  to  go  by,  than  what  that  rule  is  ; 
that  there  may  be  an  uniformity  of  proceeding 
in  business,  not  subject  to  the  caprice  of  the 
Speaker,  or  captiousness  of  the  members.  It  is 
very  material,  that  order,  decency,  and  regularity, 
be  preserved  in  a  dignified  public  body. — 2  Hats. 
149. 


SECTION  II. 

LEGISLATURE. 

All  Legislative  powers  herein  granted,  shall  be  vested 
in  a  Congress  of  the  United  States,  which  shall  consist 
of  a  Senate  and  House  of  Representatives. — Constitution 
of  the  United  States,  Article  I.  Section  1. 


PRIVILEGE.  19 

The  Senators  and  Representatives  shall  receive  a  com- 
pensation for  their  services,  to  be  ascertained  by  law,  and 
paid  out  of  the  treasury  of  the  United  States. — Const. 
U.  S.  Art.  I.  Sec.  6. 

For  the  powers  of  Congress,  see  the  following-  Articles 
and  Sections  of  the  Constitution  of  the  United  States. — 
Art.  I.  Sec.  4,  7,  8,  9,— Art.  II.  Sec.  1,2.— Art.  III.  Sec. 
3. — Art.  IV.  Sec.  1,  3,  5.— And  all  the  Amendments. 


SECTION  III. 

PRIVILEGE. 

The  privileges  of  the  members  of  Parliament, 
from  small  and  obscure  beginnings,  have  been 
advancing  for  centuries  with  a  firm  and  never- 
yielding  pace.  Claims  seem  to  have  been 
brought  forward  from  time  to  time,  and  repeated 
till  some  example  of  their  admission  enabled 
them  to  build  law  on  that  example.  We  can 
only,  therefore,  state  the  point  of  progression  at 
which  they  now  are.  It  is  now  acknowledged, 
1st,  That  they  are  at  all  times  exempted  from 
question  elsewhere,  for  any  thing  said  in  their 
own  House  :  that  during  the  time  of  privilege, 
*2d,  Neither  a  member  himself,  his  wife,*  or  his 
servants,  [familiares  sui]  for  any  matter  of  their 

*  Order  of  the  House  of  Commons,  1663,  July  16. 


20  PRIVILEGE. 

own,  may  bet  arrested  on  mesne  process,  in  any 
civil  suit :  3d,  Nor  be  detained  under  execution, 
though  levied  before  the  time  of  privilege  :  4th, 
Nor  impleaded,  cited,  or  subpoenaed,  in  any 
court:  5th,  Nor  summoned  as  a  witness  or 
juror  :  6th,  Nor  may  their  lands  or  goods  t>e 
distrained :  7th,  Nor  their  persons  assaulted,  or 
characters  traduced.  And  the  period  of  time, 
covered  by  privilege,  before  and  after  the  session, 
with  the  practice  of  short  prorogations  under  the 
connivance  of  the  Crown,  amounts  in  fact  to  a 
perpetual  protection  against  the  course  of  justice. 
In  one  instance,  indeed,  it  has  been  relaxed  by 
10  G.  3.  c.  50.  which  permits  judiciary  proceed- 
ings to  go  on  against  them.  That  these  privi- 
leges must  be  continually  progressive,  seems  to 
result  from  their  rejecting  all  definition  of  them  ; 
the  doctrine  being,  that  "  their  dignity  and  inde- 
pendence are  preserved  by  keeping  their  privi- 
leges indefinite  ;"  and  that  "  the  maxim's  upon 
which  they  proceed,  together  with  the  method 
of  proceeding,  rest  entirely  in  their  own  breast, 
and  are  not  defined  and  ascertained  by  any  par- 
ticular stated  laws." — 1  Blackstone,  163,  164. 

It  was  probably  from  this  view  of  the  encroaching 
character^  of  privilege,  that  the  framers  of  our  Constitu- 
tion, in  their  care  to  provide  that  the  laws  shall  bind 
equally  on  all,  and  especially  that  those  who  make  them 
shall  not  exempt  themselves  from  their  operation,  have 
only  privileged  "Senators  and  Representatives"  them- 
selves from  the  single  act  of  arrest  in  all  cases  except 

t  Elsynge,  21T— 1  Hats.  21—1  Grey 's  deb.  133. 


PRIVILEGE.  21 

treason,  felony,  and  breach  of  the  peace,  during  their  at- 
tendance at  the  session  of  their  respective  Houses,  and  in 
going  to  and  returning  from  the  same,  and  from  being 
questioned  in  any  other  place  for  any  speech  or  debate 
in  either  House." — Const.  U.  S.  Art.  I  Sec.  6.  Under  the 
general  authority  "  to  make  all  laws  necessary  and  pro- 
per for  carrying  into  execution  the  powers  given  them." 
Const.  U.  S.  Art.  II.  Sec.  8,  they  may  provide  by  law  the 
details  which  may  be  necessary  for  giving  full  effect  to 
the  enjoyment  of  this  privilege.  No  such  law  being  as 
yet  made,  it  seems  to  stand  at  present  on  the  following 
ground  : — 1.  The  act  of  arrest  is  void,  ab  initio,  2  Stra. 
989. — 2.  The  member  arrested  may.  be  discharged  on 
motion.  1  Bl.  166.  2  Stra.  990;  or  by  Habeas  Corpus  un- 
der the  Federal  or  State  authority,  as  the  case  may  be ; 
or  by  a  writ  of  privilege  out  of  the  Chancery,  2  Stra.  989, 
in  those  States  which  have  adopted  that  part  of  the  laws 
of  England— Orders  of  the  House  of  Com.  1550,  Feb.  20. 
3.  The  arrest  being  unlawful,  is  a  trespass  for  which 
the  officer  and  others  concerned  are  liable  to  action  or 
indictment  in  the  ordinary  courts  of  justice,  as  in  other 
cases  of  unauthorized  arrest. — 4.  The  court  before  which 
the  process  is  returnable,  is  bound  to  acras  in  other 
cases  of  unauthorized  proceeding,  and  liable  also,  as  in 
other  similar  cases,  to  have  their  proceedings  staid  or  cor- 
rected by  the  Superior  Courts. 

The  time  necessary  for  going  to  and  returning  from 
Congress  not  being  defined,  it  will  of  course  be  judged 
of  in  every  particular  case  by  those  who  will  have  to 
decide  the  case. 

While  privilege  was  understood  in  England 
to  extend,  as  it  does  here,  only  to  exemption 
from  arrest  eundo,  morando,  et  redeundo,  the 
House  of  Commons  themselves  decided  that 
"  a  convenient  time  was  to  be  understood," — 
1580 — 1  Hats.  99, 100.  Nor  is  the  law  so  strict 


PRIVILEGE. 

in  point  of  time  as  to  require  the  party  to  set  out 
immediately  on  his  return,  but  allows  him  time 
to  settle  his  private  affairs,  and  to  prepare  for  his 
journey;  and  does  not  even  scan  his  road  very 
nicely,  nor  forfeit  his  protection  for  a  little  de- 
viation for  that  which  is  most  direct ;  some  ne- 
cessity perhaps  constraining  him  to  it. — 2  Stra. 
986,  987. 

This  privilege  from  arrest,  privileges  of  course 
against  all  process,  the  disobedience  to  which  is 
punishable  by  an  attachment  of  the  person ;  as  a 
subpo3na  ad  respondendum,  or  testificandum,  or 
a  summons  on  a  jury ;  and  with  reason,  because 
a  member  has  superior  duties  to  perform  in  an- 
other place. 

When  a  Representative  is  withdrawn  from  his  seat  by 
summons,  the  47,700  people  whom  he  represents  lose 
their  voice  in  debate  and  vote,  as  they  do  in  his  volun- 
tary absence :  when  a  Senator  is  withdrawn  by  sum- 
mons, his  State  loses  half  its  voice  in  debate  and  vote,  as 
it  does  in  his  voluntary  absence.  The  enormous  dis- 
parity of  evil  admits  no  comparison. 

So  far  there  will  probably  be  no  difference  of  opinion 
as  to  the  privileges  of  the  two  Houses  ot  Congress  :  but 
in  the  following  cases  it  is  otherwise.  In  Dec.  1795,  the 
House  of  Representatives  committed  two  persons  of  the 
names  of  Randall  and  Whitney,  for  attempting  to  cor- 
rupt the  integrity  of  certain  members,  which  they  con- 
sidered as  a  contempt  and  breach  of  the  privileges  of  the 
House :  and  the  facts  being  proved,  Whitney  was  de- 
tained in  confinement  a  fortnight,  and  Randall  three 
weeks,  and  was  reprimanded  by  the  Speaker.  In  March, 
1796,  the  House  of  Representatives  voted,  a  challenge 
given  to  a  member  of  their  House,  to  be  a  breach  of  the 
privileges  of  the  House ;  but  satisfactory  apologies  and 


PRIVILEGE.  23 

acknowledgments  being1  made,  no  further  proceeding 
was  had.  The  Editor  of  the  Aurora  having,  in  his  pa- 
per of  Feb.  19,  1800,  ihserted  some  paragraphs  defama- 
tory to  the  Senate,  and  failed  in  his  appearance,  he  was 
ordered  to  be  committed.  In  debating  the  legality  of 
this  order,  it  was  insisted  in  support  of  it,  that  every 
man,  by  the  law  of  nature,  and  every  body  of  men,  pos- 
sesses the  right  of  self-defence ;  that  all  public  function- 
aries are  essentially  invested  with  the  powers  of  self-pre- 
servation ;  that  they  have  an  inherent  right  to  do  all  acts 
necessary  to  keep  themselves  in  a  condition  to  discharge 
the  trusts  confided  to  them ;  that  whenever  authorities 
are  given,  the  means  of  carrying  them  into  execution 
are  given  by  necessary  implication ;  that  thus  we  see 
the  British  Parliament  exercise  the  right  of  punishing 
contempts ;  all  the  State  Legislatures  exercise  the  same 
power  ;  and  every  Court  does  the  same ;  that  if  we  have 
it  not,  we  sit  at  the  mercy  of  every  intruder  who  may 
enter  our  doors  or  gallery,  and  by  noise  and  tumult  ren- 
der proceeding  in  business  impracticable;  that  if  our 
tranquillity  is  to  be  perpetually  disturbed  by  newspaper 
defamation,  it  will  not  be  possible  to  exercise  our  func- 
tions with  the  requisite  coolness  and  deliberation ;  and 
that  we  must  therefore  have  a  power  to  punish  these  dis- 
turbers of  our  peace  and  proceedings.  To  this  it  was 
answered,  that  the  Parliament  and  Courts  of  England 
have  cognizance  of  contempts  by  the  express  provisions 
of  their  law ;  that  the  State  Legislatures  have  equal  au- 
thority, because  their  powers  are  plenary ;  they  repre- 
sent their  constituents  completely,  and  possess  all  their 
powers,  except  such  as  their  Constitutions  have  express- 
ly denied  them ;  that  the  Courts  of  the  several  States 
have  the  same  powers  by  the  laws  of  their  States,  and 
those  of  the  Federal  Government  by  the  same  State 
laws,  adopted  in  each  State  by  a  law  of  Congress  ;  that 
none  of  these  bodies,  therefore,  derive  those  powers  from 
natural  or  necessary  right,  but  from  express  law ;  that 
Congress  have  no  such  natural  or  necessary  power,  nor 


24  PRIVILEGE. 

any  powers  but  such  as  are  given  them  by  the  Constitu- 
tion ;  that  that  has  given  them  directly,  exemption  from 
personal  arrest,  exemption  from  question  elsewhere  for 
what  is  said  in  their  House,  and  power  over  their  own 
members  and  proceedings;  for  these,  no  further  law  is 
necessary,  the  Constitution  being  the  law ;  that,  more- 
over, by  that  article  of  the  Constitution  which  authorizes 
them  u  to  make  all  laws  necessary  and  proper  for  carry- 
ing into  execution  the  powers  vested  by  the  Constitution 
in  them,"  they  may  provide  by  law  for  an  undisturbed 
exercise  of  their  functions,  e.  g.  for  the  punishment  of 
contempts,  of  affrays  or  tumults  in  their  presence,  &c. ; 
but,  till  the  law  be  made,  it  does  not  exist ;  and  does  not 
exist,  from  their  own  neglect ;  that  in  the  meantime, 
however,  they  are  not  unprotected,  the  ordinary  magis- 
trates and  courts  of  law  being  open  and  competent  to 
punish  all  unjustifiable  disturbances  or  defamations,  and 
even  their  own  sergeant,  who  may  appoint  deputies  ad 
libitum  to  aid  him,  3  Grey,  59,  147,  255,  is  equal  to  the 
smallest  disturbances;  that,  in  requiring  a  previous  law, 
the  Constitution  had  regard  to  the  inviolability  of  the 
citizen  as  well  as  of  the  member ;  as,  should  one  House, 
in  the  regular  form  of  a  bill,  aim  at  too  broad  privi- 
leges^  it  may  be  checked  by  the  other,  arid  both  by  the 
President ;  and  also  as,  the  law  being  promulgated,  the 
citizen  will  know  how  to  avoid  offence.  But  if  one  branch 
may  assume  its  own  privileges  without  control ;  if  it  may 
do  it  on  the  spur  of  the  occasion,  conceal  the  Jaw  in  its 
own  breast,  and  after  the  fact  committed  make  its  sen- 
tence both  the  law  and  the  judgment  on  that  fact ;  if  the 
offence  is  to  be  kept  undefined,  and  to  be  declared  only 
ex  re  nata,  and  according  to  the  passions  of  the  moment, 
and  there  be  no  limitation  either  in  the  manner  or  mea- 
sure of  the  punishment,  the  condition  of  the  citizen  will 
be  perilous  indeed.  Which  of  these  doctrines  is  to  pre- 
vail, time  will  decide.  Where  there  is  no  fixed  law,  the 
judgment  on  any  particular  case  is  the  law  of  that  single 
case  only,  and  dies  with  it.  When  a  new  and  even  a 


PRIVILEGE.  25 

similar  case  arises,  the  judgment  which  is  to  make,  and 
at  the  same  time  apply,  the  law,  is  open  to  question  and 
consideration,  as  are  all  new  laws.  Perhaps  Congress, 
in  the  mean  time,  in  their  care  for  the  safety  of  the  citi- 
zens, as  well  as  that  for  their  own  protection,  may  de- 
clare by  law  what  is  necessary  and  proper  to  enable 
them  to  carry  into  execution  the  powers  vested  in  them, 
and  thereby  hang  up  a  rule  for  the  inspection  of  all, 
which  may  direct  the  conduct  of  the  citizen,  and  at  the 
same  time  test  the  judgments  they  shall  themselves  pro- 
nounce in  their  own  case. 

Privilege  from  arrest  takes  place  by  force  of 
the  election ;  and  before  a  return  be  made,  a 
member  elected  may  be  named  of  a  committee, 
and  is  to  every  intent  a  member,  except  that  he 
cannot  vote  until  he  is  sworn. — Memor.  107, 
108— Lewes,  642.  col.  2.  643.  col  I. —Pet.  mis- 
eel.  Pad.  1 19 — Lex.  Parl.  c.23— 2  Hats.  22. 62. 

Every  man  must,  at  his  peril,  take  notice  who 
are  members  of  either  House  returned  of  re- 
cord.— Lex.  Parl.  23,  4 — Inst.  24. 

On  complaint  of  a  breach  of  privilege,  the 
party  may  either  be  summoned,  or  sent  for  in 
custody  of  the  sergeant, — 1  Grey,  88.  95. 

The  privilege  of  a  member  is  the  privilege  of 
the  House.  If  the  member  waive  it  without 
leave,  it  is  a  ground  for  punishing  him,  but  can- 
not in  effect  waive  the  privilege  of  the  House. 
3  Grey,  140. 222. 

For  any  speech  or  debate  in  either  House, 
they  shall  not  be  questioned  in  any  other  place. 
—Const.  U.  S.  Art.  I.  Sec.  6.  S.  P.  protest  of 
commons  to  James  I.  1621.  2  Rapin.  No.  54, 


PRIVILEGE. 

p.  211,  212.  But  this  is  restrained  to  things 
done  in  the  House  in  a  Parliamentary  course,  1 
Rush,  663. — For  he  is  not  to  have  privilege 
contra  morem  parliamentarium,  to  exceed  the 
bounds  and  limits  of  his  place  and  duty. — 
Com.  p. 

If  an  offence  be  committed  by  a  member  in 
the  House,  of  which  the  House  has  cognizance, 
it  is  an  infringement  of  their  right  for  any 
person  or  court  to  take  notice  of  it,  till  the 
House  has  punished  the  offender,  or  referred 
him  to  a  due  course. — Lex.  Parl.  63. 

Privilege  is  in  the  power  of  the  House,  and 
is  a  restraint  to  the  proceeding  of  inferior  courts ; 
but  not  of  the  House  itself. — 2  Nalson,  450 — 2 
Grey,  399.  For  whatever  is  spoken  in  the 
House,  is  subject  to  the  censure  of  the  House ; 
and  offences  of  this  kind  have  been  severely 
punished,  by  calling  the  person  to  the  bar  to 
make  submission,  committing  him  to  the  Tower, 
expelling  the  House,  &,c.—Scob.  72 — Lex. 
Parl.  c.  22. 

It  is  a  breach  of  order,  for  the  Speaker  to  re- 
fuse to  put  a  question  which  is  in  order. — 2 
Hats.  175,  176—5  Grey,  133. 

And  even  in  cases  of  treason,  felony,  and 
breach  of  the  peace,  to  which  privilege  does  not 
extend  as  to  substance ;  yet,  in  Parliament,  a 
member  is  privileged  as  to  the  mode  of  proceed- 
ing. The  case  is  first  to  be  laid  before  the 
House,  that  it  may  judge  of  the  fact,  and  of  the 
grounds  of  the  accusation,  and  how  far  forth  the 


PRIVILEGE.  27 

manner  of  the  trial  may  concern  their  privilege. 
Otherwise  it  would  be  in  the  power  of  other 
branches  of  the  government,  and  even  of  every 
private  man,  under  pretences  of  treason,  &c.  to 
take  any  man  from  his  service  in  the  House ; 
and  so  as  many,  one  after  another,  as  would 
make  the  House  what  he  pleaseth — Decision  of 
the  Commons  on  the  King's  declaring  Sir  John 
Hotham  a  traitor — 4  Rushiv.  586.  So  when  a 
member  stood  indicted  of  felony,  it  was  adjudg- 
ed that  he  ought  to  remain  of  the  House  till 
conviction.  For  it  may  be  any  man's  case, 
who  is  guiltless,  to  be  accused  and  indicted  of 
felony,  or  the  like  crime. — 23  EL  1580 — 
UEwes,  283.  col.  I— Lex.  Part.  133. 

When  it  is  found  necessary  for  the  public 
service  to  put  a  member  under  arrest,  or  when, 
on  any  public  inquiry,  matter  comes  out  which 
may  lead  to  affect  the  person  of  a  member,  it  is 
the  practice  immediately  to  acquaint  the  House, 
that  they  may  know  the  reasons  for  such  a  pro- 
ceeding, and  take  such  steps  as  they  think  pro- 
per.—2  Hats.  259.  Of  which,  see  many  ex- 
amples.— 2  #to.  256,  257,  258.  But  the  com- 
munication is  subsequent  to  the  arrest. — 1 
Blackst.  167. 

It  is  highly  expedient,  says  Hatsell,  for  the 
due  preservation  of  the  privileges  of  the  separate 
branches  of  the  Legislature,  that  neither  should 
encroach  on  the  other,  or  interfere  in  any  mat- 
ter depending  before  them,  so  as  to  preclude,  or 
even  influence,  that  freedom  of  debate,  which  is 


28  ELECTIONS. 

essential  to  a  free  council.  They  are  therefore 
not  to  take  notice  of  any  bills  or  other  matters 
depending,  or  of  votes  that  have  been  given,  or 
of  speeches  that  have  been  held,  by  the  mem- 
bers of  either  of  the  other  branches  of  the  Le- 
gislature, until  the  same  have  been  communi- 
cated to  them  in  the  usual  Parliamentary  man- 
ner—2  Hats^252 — 4  Inst.  15 — Seld.  Jud,  53. 
Thus  the  King's  taking  notice  of  the  bill  for 
suppressing  soldiers  depending  before  the 
House,  his  proposing  a  provisional  clause  for  a 
bill  before  it  was  presented  to  him  by  the  two 
Houses,  his  expressing  displeasure  against  some 
persons  for  matters  moved  in  Parliament  during 
the  debate  and  preparation  of  a  bill,  were 
breaches  of  privilege. — 2  Nalson,  743  ;  and  in 
1783,  December  17,  it  was  declared- a  breach  of 
fundamental  privileges,  &c.  to  report  any  opin- 
ion, or  pretended  opinion  of  the  King,  on  any 
bill  or  proceeding  depending  in  either  House  of 
Parliament,  with  a  view  to  influence  the  votes 
of  the  members.— 2  Hats.  251,  6. 


SECTION  IV. 

ELECTIONS. 

The  times,  places,  and  manner  of  holding  elections 
for  Senators  and  Representatives,  shall  be  prescribed  in 


QUALIFICATIONS.  29 

each  State  by  the  Legislature  thereof;  but  the  Congress 
may  at  any  time  by  law  make  or  alter  such  regulations, 
except  as  to  the  place  of  choosing  Senators. — Const.  U. 
S.  Art.  I.  Sec.  4. 

Each  House  shall  be  the  judge  of  the  elections,  re- 
turns,  and  qualifications,  of  its  own  members. — Const. 
U.  S.  Art.  I.  Sec.  5. 


SECTION  V. 

QUALIFICATIONS. 

The  Senate  of  the  United  States  shall  be  composed  of 
two  Senators  from  each  State,  chosen  by  the  Legisla- 
ture thereof,  for  six  years ;  and  each  Senator  shall  have 
one  vote. 

Immediately  after  they  shall  be  assembled,  in  conse- 
quence of  the  first  election,  they  shall  be  divided  as 
equally  as  may  be  into  three  classes.  The  seats  of  the 
Senators  of  the  first  class  shall  be  vacated  at  the  end  of 
the  second  year ;  of  the  second  class,  at  the  expiration 
of  the  fourth  year ;  and  of  the  third  class,  at  the  expira- 
tion of  the  sixth  year ;  so  that  one-third  may  be  chosen 
every  second  year ;  and  if  vacancies  happen,  by  resig- 
nation or  otherwise,  during  the  recess  of  the  Legislature 
of  any  State,  the  Executive  thereof  may  make  tempora- 
ry appointments,  until  the  next  meeting  of  the  Legisla- 
ture, which  shall  then  fill  such  vacancies. 

No  person  shall  be  a  Senator,  who  shall  not  have  at- 
tained to  the  age  of  thirty  years,  and  been  nine  years  a 
citizen  of  the  United  States,  and  who  shall  not,  when 
elected,  be  an  inhabitant  of  that  State  for  which  he  shall 
be  chosen.-— Const.  U.  S.  Art.  I.  Sec.  3. 


30  QUALIFICATIONS* 

The  House  of  Representatives  shall  be  Composed  of 
members  chosen  every  second  year  by  the  people  of  the 
several  States  ;  and  the  electors  in  each  State  shall  have 
the  qualifications  requisite  for  electors  of  the  most  nu- 
merous branch  of  the  State  Legislature. 

No  person  shall  be  a  Representative,  who  shall  not 
have  attained  to  the  age  of  twenty-five  years,  and  been 
seven  years  a  citizen  of  the  United  States,  and  who  shall 
not,  when  elected,  be  an  inhabitant  of  that  State  in 
which  he  shall  be  chosen. 

Representatives  and  direct  taxes  shall  be  apportioned 
among  the  several  States  which  may  be  included  within 
this  Union,  according  to  their  respective  numbers, 
which  shall  be  determined  by  adding  to  the  whole  num- 
ber of  free  persons,  including  those  bound  to  service  for 
a  term  of  years,  and  excluding  Indians  not  taxed,  three- 
fifths  of  all  other  persons.  The  actual  enumeration  shall 
be  made  within  three  years  after  the  first  meeting  of  the 
Congress  of  the  United  States,  and  within  every  subse- 
quent term  of  ten  years,  in  such  manner  as  they  shall 
by  law  direct.  The  number  of  Representatives  shall 
not  exceed  one  for  every  thirty  thousand  ;  but  each  State 
shall  have  at  least  one  Representative. — Const.  U.  S. 
Art.  I.  Sec.  2. 

The  provisional  apportionments  of  Representatives 
made  in  the  Constitution  in  1787,  and  afterwards  by 
Congress,  were  as  follows  : 


QUALIFICATIONS. 


31 


1787     1790     1800    1810  1820  1830* 

„ 

. 

. 

. 

7 

8 

3 

4 

5 

6 

6 

5 

8 

14 

17 

20 

13 

12 

1 

2 

2 

2 

2 

2 

5 

7 

7 

7 

6 

6 

2 

2 

4 

6 

5 

5 

6 

10 

17 

27 

34 

40 

4 

5 

6 

6 

6 

6 

8 

13 

18 

23 

26 

28 

1 

1 

1 

2 

1 

1 

6 

8 

9 

9 

9 

8 

30 

19 

22 

23 

22 

21 

5 

10 

12 

13 

13 

13 

5 

6 

8 

9 

9 

9 

3 

2 

4 

6 

7 

9 

2 

2 

6 

10 

12 

13 

0 

1 

3 

6 

9 

13 

0 

0 

1 

6 

14 

19 

0 

0 

0 

1 

3 

3 

0 

0 

0 

1 

3 

7 

0 

0 

0 

1 

1 

2 

0 

0 

0 

1 

1 

3 

0 

0 

0 

1 

3 

5 

0 

0 

0 

0 

1 

2 

Maine, 

New  Hampshire, 

Massachusetts, 

Rhode  Island, 

Connecticut, 

Vermont, 

New  York, 

New  Jersey, 

Pennsylvania, 

Delaware, 

Maryland, 

Virginia, 

North  Carolina, 

South  Carolina, 

Georgia, 

Kentucky, 

Tennessee, 

Ohio, 

Louisiana, 

Indiana, 

Mississippi, 

Illinois, 

Alabama, 

Missouri, 

69    106   142   186   213    222 

When  vacancies  happen  in  the  representation  from 
any  State,  the  Executive  authority  thereof  shall  issue 
writs  of  election  to  fill  such  vacancies. — Const.  U.  S. 
Art.  1.  Sec.  2. 

No  Senator  or  Representative  shall,  during  the  time 
for  which  he  was  elected,  be  appointed  to  any  civil  office 
under  the  authority  of  the  United  States,  which  shall 
have  been  created,  or  the  emoluments  whereof  shall 
have  been  increased,  during  such  time;  and  no  person, 


*  The  Act  of  22d  May,  1832,  fixes  the  ratio  at  one 
for  forty-seven  thousand  seven  hundred. 


32  QUORUM — CALL  OF  THE  HOUSE. 

holding  any  office  under  the  United  States,  shall  be  a 
member  of  either  House,  during  his  continuance  in 
office.— Const.  U.  S.  Art.  1.  Sec.  6. 


SECTION  VI. 
QUORUM. 

A  majority  of  each  House  shall  constitute  a  quorum 
to  do  business;  but  a  smaller  number  may  adjourn  from 
day  to  day,  and  may  be  authorized  to  compel  the  atten- 
dance of  absent  members,  in  such  manner,  and  under 
such  penalties  as  each  House  may  provide. — Const.  U. 
S.  Art.  I.  Sec.  5. 

In  general,  the  chair  is  not  to  be  taken  till  a 
quorum  for  business  is  present;  unless  after  due 
waiting,  such  a  quorum  be  despaired  of,  when 
the  chair  may  be  taken,  and  the  House  adjourn- 
ed. And  whenever,  during  business,  it  is  ob- 
served that  a  quorum  is  not  present,  any  member 
may  call  for  the  house  to  be  counted :  and  being 
found  deficient,  business  is  suspended. — 2  Hats. 
125,  126. 

The  President  having  taken  the  chair,  and  a  quorum 
being  present,  the  journal  of  the  preceding  day  shall  be 
read,  to  the  end,  that  any  mistake  may  be  corrected 
that  shall  have  been  made  in  the  entries. — Rules  of  the 
Senate,  1. 


SECTION  VII. 
CALL  OF  THE  HOUSE. 

On  a  call  of  the  House,  each  person  rises  up 
as  he  is  called,  and  answereth ;  the  absentees  are 


ABSENCE.  33 

then  only  noted,  bat  no  excuse  to  be  made  till 
the  House  be  fully  called  over.  Then  the  ab- 
sentees are  called  a  second  time,  and  if  still  ab- 
sent, excuses  are  to  be  heard. — Ord.  H.  of 
C.  92. 

They  rise,  that  their  persons  may  be  recog 
nized;  the  voice,  in  such  a  crowd,  being  an 
sufficient  verification  of  their  presence.  But 
so  small  a  body  as  the  Senate  of  the  United 
States,  the  trouble  of  rising  cannot  be  neces- 
sary. 

Orders  for  calls  on  different  days  may  subsist 
at  the  same  time. — *-2  Hats.  72. 


SECTION  VIII. 

ABSENCE. 

No  member  shall  absent  himself  from  the  service  of 
the  Senate  without  leave  of  the  Senate  first  obtained. 
And  in  case  a  less  number  than  a  quorum  of  the  Senate 
shall  convene,  they  are  hereby  authorized  to  send  the 
sergeant-at-arrns,  or  any  other  person  or  persons  by  them 
authorized,  for  any  or  all  absent  members,  as  the  majo- 
rity of  such  members  present  shall  agree,  at  the  expense 
of  such  absent  members,  respectively,  unless  such  ex- 
cuse for  non-attendance  shall  be  made,  as  the  Senate, 
when  a  quorum  is  convened,  shall  judge  sufficient,  and 
in  that  case  the  expense  shall  be  paid  out  of  the  contin- 
gent fund.  And  this  rule  shall  apply  as  well  to  the  first 
c 


34  SPEAKER. 

convention  of  the  Senate,  at  the  legal  time  of  meeting-, 
as  to  each  day  of  the  session,  after  the  hour  is  arrived  to 
which  the  Senate  stood  adjourned. — Rule  8. 


SECTION  IX. 

SPEAKER. 

The  Vice  President  of  the  United  States  shall  be  Pre- 
sident of  the  Senate,  but  shall  have  no  vote  unless  they 
be  equally  divided. — Const.  U.  S.  Art.  I.  Sec.  3. 

The  Senate  shall  choose  their  other  officers,  and  also  a 
President  pro  tempore  in  the  absence  of  the  Vice  Presi- 
dent, or  when  he  shall  exercise  the  office  of  President  of 
the  United  States.— Const.  U.  S.  Art.  I.  Sec.  3. 

The  House  of  Representatives  shall  choose  their  Speak- 
er and  other  officers. — Const.  U.  S.  Art.  I.  Sec.  2. 

When  but  one  person  is  proposed,  and  no 
objection  made,  it  has  not  been  usual  in  Parlia- 
ment to  put  any  question  to  the  House ;  but 
without  a  question,  the  members  proposing  him, 
conduct  him  to  the  chair.  But  if  there  be  ob- 
jection, or  another  proposed,  a  question  is  put 
by  the  clerk. — 2  Hats.  168.  As  are  also  ques- 
tions of  adjournment. — 6  Grey,  406.  Where 
the  House  debated  and  exchanged  messages  and 
answers  with  the  king  for  a  week,  without  a 
Speaker,  till  they  were  prorogued.  They  have 
done  it  de  die  in  diem  for  14  days. — 1  Chanel. 
331,  335.  • 


ADDRESS.  35 

In  the  Senate,  a  President  pro  tempore,  in  the  absence 
of  the  Vice  President,  is  proposed  and  chosen  by  ballot. 
His  office  is  understood  to  be  determined  on  the  Vice 
President's  appearing  and  taking  the  chair,  or  at  the 
meeting  of  the  Senate  after  the  first  recess. —  Vide 
Rule  23. 

Where  the  Speaker  has  been  ill,  other  Speak- 
ers pro  tempore  have  been  appointed.  Instan- 
ces of  this  are,  1  H.  4,  Sir  John  Cheney,  and 
for  Sir  Wm.  Sturton,  and  in  15  H.  6,  Sir  John 
Tyrrell,  in  1656,  Jan.  27—1658,  Mar.  9—1659, 
Jan.  13. 

Sir  Job  Charlton  ill,  Seymour^ 


chosen,  1673,  Feb.  18. 

Seymour  being  ill,  Sir  Robt. 
Sawyer  chosen,  1678,  Apr.  15. 

Sawyer  being     ill,    Seymour 


not  merely 
pro  tempore. 
'1  Chand.  169, 
276,  277. 


chosen.  ^ 

Thorpe  in  execution,  a  new  Speaker  chosen 
—31  H.  VI— 3  Grey,  11 ;  and  March  14, 1694, 
Sir  John  Trevor  chosen.  There  have  been  no 
later  instances — 2  Hats.  161. — 4  Inst. — 8  Lex. 
Parh  263. 

A  Speaker  may  be  removed  at  the  will  of  the 
House,  and  a  Speaker  pro  tempore  appointed. — 
2  Grey,  186—5  Grey,  134,—  Vide  Rule  Sen.  23. 


SECTION  X. 

ADDRESS. 

The  President  shall,  from  time  to  time,  give  to  the 
Congress  information  of  the  state  of  the  Union,  and  re- 


36  COMMITTEES. 

commend  to  their  consideration  such  measures  as  he 
shall  judge  necessary  and  expedient.— Const.  U.  S,  Art. 
II.  Sec.  3. 

A  joint  address  from  both  Houses  of  Parliament 
is  read  by  the  Speaker  of  the  House  of  Lords. 
It  may  be  attended  by  both  Houses  in  a  body, 
or  by  a  committee  from  each  House,  or  by  the 
two  Speakers  only.  An  address  of  the  House 
of  Commons  only,  may  be  presented  by  the 
whole  House,  or  by  the  Speaker. — 9  Grey,  473, 
1  Chandler,  298.  301,  or  by  such  particular 
members  as  are  of  the  Privy  Council. — 2  Hats. 
276. 


SECTION  XL 

COMMITTEES.* 

Standing  committees,  as  of  privileges  and 
elections,  &o*  are  usually  appointed  at  the  first 
meeting,  to  continue  through  the  session.  The 
person  first  named  is  generally  permitted  to  act 
as  chairman.  But  this  is  a  matter  of  courtesy ; 
every  committee  having  a  right  to  elect  their 
own  chairman,  who  presides  over  them,  puts 
questions,  and  reports  their  proceedings  to  the 
House.— 4  Inst.-ll,  12—Scob.  7—1  Grey  112. 

*  Mode  of  appointing  Committees. — Vide  Senate  Rules 
34.  Rules  H.  E.  9. 


COMMITTEES.  37 

At  these  committees  the  members  are  to 
speak  standing,  and  not  sitting ;  though  there  is 
reason  to  conjecture  it  was  formerly  otherwise. 
IT  Ewes,  630.  col.  1 — 4  Parl.  Hist.  440 — 2 
Hats.  77. 

Their  proceedings  are  not  to  be  published,  as 
they  are  of  no  force  till  confirmed  by  the  House. 
Rushw.  part  3,  vol.  2,  74 — 3  Grey,  401 — Scob. 
39.  Nor  can  they  receive  a  petition  but  through 
the  House. — 9  Grey,  412. 

When  a  committee  is  charged  .with  an  inqui- 
ry, if  a  member  prove  to  be  involved,  they  can- 
not proceed  against  him,  but  must  make  a  spe- 
cial report  to  the  House  ;  whereupon  the  mem- 
ber is  heard  in  his  place,  or  at  the  bar,  or  a 
special  authority  is  given  to  the  committee  to 
inquire  concerning  him. — 9  Grey,  523. 

So  soon  as  the  House  sits,  and  a  committee 
is  notified  of  it,  the  chairman  is  in  duty  bound 
to  rise  instantly,  and  the  members  to  attend  the 
service  of  the  House. — 2  Nals.  319.  Vide 
Rules  H.  R.  78. 

It  appears,  that  on  joint  committee  of  the 
Lords  and  Commons,  each  committee  acted  in- 
tegrally, in  the  following  instances — 7  Grey, 
261,  278,  285,  338—1  Chandler,  357.  462.  In 
the  following  instances  it  does  not  appear  whe- 
ther they  did  or  not — 6  Grey,  129 — 7  Grey, 
213.229.  321. 


38       COMMITTEE  OF  THE  WHOLE. 

SECTION  XII. 
COMMITTEE  OF  THE  WHOLE. 

The  speech,  messages,  and  other  matters  of 
great  concernment,  are  usually  referred  to  a 
committee  of  the  whole  House — 6  Grey,  311, 
where  general  principles  are  digested  in  the 
form  of  resolutions,  which  are  debated  and 
amended  till  they  get  into  a  shape  which  meets 
the  approbation  of  a  majority.  These  being  re- 
ported and  confirmed  by  the  House,  are  then 
referred  to  one  or  more  select  committees,  ac- 
cording as  the  subject  divides  itself  into  one  or 
more  bills — Scob.  36,  44.  Propositions  for  any 
charge  on  the  people  are  especially  to  be  first 
made  in  a  committee  of  the  whole — 3  Hats. 
127.  Fide  Rules  H.  R.  101.  The  sense  of 
the  whole  is  better  taken  in  committee,  because 
in  all  committees  every  one  speaks  as  often  as 
he  pleases— Scob.  49.  Fide  Rules  H.  R.  104. 
They  generally  acquiesce  in  the  chairman 
named  by  the  Speaker  ;  but,  as  well  as  all  other 
committees,  have  a  right  to  elect  one,  some 
member,  by  consent,  putting  the  question — 
Scob.  36—3  Grey,  301.  Fide  Rules  H.  R.  96. 
The  form  of  going  from  the  House  into  commit- 
tee, is  for  the  Speaker,  on  motion,  to  put  the 
question  that  the  House  do  now  resolve  itself 
into  a  committee  of  the  whole,  to  take  under 


COMMITTEE  OF  THE  WHOLE.  39 

consideration  such  a  matter,  naming  it.  If  de- 
termined in  the  affirmative,  he  leaves  the  chair, 
and  takes  a  seat  elsewhere,  as  any  other  mem- 
ber ;  and  the  person  appointed  chairman  seats 
himself  at  the  clerk's  table. — Scob.  36.  Fide 
Rules  H.  R.  96.  Their  quorum  is  the  same  as 
that  of  the  House  ;  and  if  a  defect  happens,  the 
chairman,  on  a  motion  and  question,  rises,  the 
Speaker  resumes  the  chair,  and  the  chairman 
can  make  no  other  report  than  to  inform  the 
House  of  the  cause  of  their  dissolution.  If  a 
message  is  announced  during  a  committee,  the 
Speaker  takes  the  chair,  and  receives  it,  because 
the  committee  cannot. — 2  Hats.  125,  126. 

In  a  committee  of  the  whole,  the  tellers,  on  a 
division,  differing  as  to  numbers,  great  heats 
and  confusion  arose,  and  danger  of  a  decision  by 
the  sword.  The  Speaker  took  the  chair,  the 
mace  was  forcibly  laid  on  the  table  ;  whereupon, 
the  members  retiring  to  their  places,  the  Speaker 
told  the  House  "he  had  taken  the  chair  without 
an  order,  to  bring  the  House  into  order."  Some 
excepted  against  it;  but  it  was  generally  ap- 
proved as  the  only  expedient  to  suppress  the 
disorder.  And  every  member  was  required, 
standing  up  in  his  place,  to  engage  that  he 
would  proceed  no  further,  in  consequence  of 
what  had  happened  in  the  grand  committee, 
which  was  done. — 3  Grey,  139. 

A  committee  of  the  whole  being  broken  up 
in  disorder,  and  the  chair  resumed  by  the 
Speaker  without  an  order,  the  House  was  ad- 


40  COMMITTEE  OF  THE  WHOLE. 

journed.  The  next  day  the  committee  was 
considered  as  thereby  dissolved,  and  the  subject 
again  before  the  House  ;  and  it  was  decided  in 
the  House,  without  returning  into  committee. 
3  Grey,  130. 

No  previous  question  can  be  put  in  a  com- 
mittee; nor  can  this  committee  adjourn  as 
others  may  ;  but  if  their  business  is  unfinished, 
they  rise  on  a  question,  the  House  is  resumed, 
and  the  chairman  reports  that  the  committee  of 
the  whole  have,  according  to  order,  had  under 
their  consideration  such  a  matter,  and  have  made 
progress  therein :  but  not  having  time  to  go 
through  the  same,  have  directed  him  to  ask 
leave  to  sit  again.  Whereupon,  a  question  is 
put  on  their  having  leave,  and  on  the  time  when 
the  House  will  again  resolve  itself  into  a  com- 
mittee.— Scob.  38.  But  if  they  have  gone 
through  the  matter  referred  to  them,  a  member 
moves  that  the  committee  may  rise,  and  the 
chairman  report  their  proceedings  to  the  House ; 
which  being  resolved,  the  chairman  rises,  the 
Speaker  resumes  the  chair,  the  chairman  in- 
forms him  that  the  committee  have  gone  through 
the  business  referred  to  them,  and  that  he  is 
ready  to  make  report  when  the  House  shall 
think  proper  to  receive  it.  If  the  House  have 
time  to  receive  it,  there  is  usually  a  cry  of 
"  now,  now,"  whereupon  he  makes  the  report: 
but  if  it  be  late,  the  cry  is  "  to-morrow,  to-mor- 
row," or  "  on  Monday,"  &c.  or  a  motion  is 


EXAMINATION  OF  WITNESSES.  41 

made  to  that  effect,  and  a  question  put,  that  it 
be  received  to-morrow,  &c.—Scob.  38. 

In  other  things  the  rules  of  proceedings  are  to 
be  the  same  as  in  the  House. — Scob.  39. 


SECTION  XIII. 

EXAMINATION  OF  WITNESSES. 

Common  fame  is  a  good  ground  for  the 
House  to  proceed  by  inquiry,  and  even  to  accu- 
sation.— Resolution  of  House  of  (Commons,  I 
Car.  1,  1625 — Rush  Lex.  Parl  115 — 1  Grey, 
16.  22.  92—8  Grey,  21,  23.  27.  45. 

Witnesses  are  not  to  be  produced  but  where 
the  House  has  previously  instituted  an  inquiry, 
2  Hats.  102,  nor  then  are  orders  for  their  at- 
tendance given  blank. — 3  Grey,  51. 

When  any  person  is  examined  before  a  com- 
mittee, or  at  the  bar  of  the  House,  any  member 
wishing  to  ask  the  person  a  question,  must  ad- 
dress it  to  the  Speaker  or  chairman,  who  re- 
peats the  question  to  the  person,  or  says  to  him, 
"  you  hear  the  question,  answer  it."  But  if 
the  propriety  of  the  question  be  objected  to,  the 
Speaker  directs  the  witness,  counsel,  and  parties, 
to  withdraw  ;  for  no  question  can  be  moved,  or  put, 
or  debated,  while  they  are  there. — 2  Hats.  108. 


42  EXAMINATION  OF  WITNESSES. 

Sometimes  the  questions  are  previously  settled 
in  writing  before  the  witness  enters. — 2  Hats. 
106,  107—8  Grey,  64.  The  questions  asked 
must  be  entered  in  the  journals. — 3  Grey,  81. 
But  the  testimony  given  in  answer  before  the 
House,  is  never  written  down ;  but  before  a  com- 
mittee it  must  be,  for  the  information  of  the 
House,  who  are  not  present  to  hear  it. — 7  Grey, 
52.  334. 

If  either  House  have  occasion  for  the  pre- 
sence of  a  person  in  custody  of  the  other,  they 
ask  the  other  their  leave  that  he  may  be  brought 
up  to  them  in  custody. — 3  Hats.  52. 

A  member,  in  his  place,  gives  information  to 
the  House  of  what  he  knows  of  any  matter  un- 
der hearing  at  the  bar. — Jour.  H.  of  C.  Jan. 
22,  1744—5. 

Either  House  may  request,  but  not  command, 
the  attendance  of  a  member  of  the  other.  They . 
are  to  make  the  request  by  message  to  the  other 
House,  and  to  express  clearly  the  purpose  of  at- 
tendance, that  no  improper  subject  of  examina- 
tion may  be  tendered  to  him.  The  house  then 
gives  leave  to  the  member  to  attend,  if  he  choose 
it ;  waiting  first  to  know  from  the  member  him- 
self whether  he  chooses  to  attend,  till  which 
they  do  not  take  the  message  into  consideration. 
But  when  the  Peers  are  sitting  as  a  court  of 
Criminal  Judicature,  they  may  order  attendance  ; 
unless  where  it  be  a  case  of  impeachment  by 
the  Commons.  There  it  is  to  be  a  request. — 
3  Hats.  17—9  Grey,  306.  ,406— 10  Grey,  133. 


ARRANGEMENT  OF  BUSINESS.  43 

Counsel  are  to  be  heard  only  on  private,  not 
on  public  bills  ;  and  on  such  points  of  law  only 
as  the  House  shall  direct. — 19  Grey,  61. 


SECTION  XIV. 

ARRANGEMENT   OF    BUSINESS. 

The  Speaker  is  not  precisely  bound  to  any 
rules  as  to  what  bills  or  other  matter  shall  be 
first  taken  up,  but  is  left  to  his  own  discretion, 
unless  the  House  on  a  question  decide  to  take 
up  a  particular  subject.— Hakew.  136. 

A  settled  order  of  business  is,  however,  neces- 
sary for  the  government  of  the' presiding  person, 
and  to  restrain  individual  members  from  calling 
up  favourite  measures,  or  matters  under  their 
special  patronage,  out  of  their  just  turn.  It  is 
useful  lalso  for  directing  the  discretion  of  the 
House,  when  they  are  moved  to  take  up  a  par- 
ticular matter,  to  the  prejudice  of  others  having 
a  priority  of  right  to  their  attention  in  the  gene- 
ral order  of  business. 

In  Senate,  the  bills  and  other  papers  which  are  in 
possession  of  the  House,  and  in  a  state  to  be'acted  upon, 
are  arranged  every  morning,  and  brought  on  in  the  fol- 
lowing order : 

1.  Bills  ready  for  a  second  reading  are  read,  that  they 
may  be  referred  to  committees,  and  so  be  put  under  way. 


44  ARRANGEMENT  OF  BUSINESS. 

But  if,  on  their  being-  read,  no  motion  is  made  for  com- 
mitment, they:  are  then  laid  on  the  table  in  the  general 
file,  to  be  taken  up  in  their  just  turn. 

2.  After  twelve  o'clock,  bills  ready  for  it  are  put  on 
their  passage. 

3.  Reports  in  possession  of  the   House,  which  offer 
grounds  for  a  bill,  are  to  be  taken  up,  that  the  bill  may 
be  ordered  in. 

4.  Bills  or  other  matters  before  the  House,  and  un- 
finished on  the  preceding  day,  whether  taken  up  in  turn, 
or  on  special  order,  are  entitled  to  be  resumed  and  pass- 
ed on  through  their  present  stage. 

5.  These  matters  being  despatched,  for  preparing  and 
expediting  business,  the  general  file  of  bills  and  other 
papers  is  then  taken  up,  and  each  article  of  it  is  brought 
on  according  to  its  seniority,  reckoned  by  the  date  of  its 
first  introduction  to  the  House.    Reports  on  bills  belong 
to  the  dates  of  their  bills. 

[The  arrangement  of  the  business  of  the  Senate  is  now 
as  follows : 

1.  Motions  previously  submitted. 

2.  Reports  of  Committees  previously  made. 

3.  Bills  from  the  House  of  Representatives,  and  those 
introduced  on  leave,  which  have  been  read  the  first  time, 
are  read  the  second  time ;  and,  if  not  referred  to  a  Com- 
mittee, are  considered  in  Committee  of  the  whole,  and 
proceeded  with  as  in  other  cases. 

4.  After  twelve  o'clock,  engrossed  bills  of  the  Senate, 
and  bills  of  the  House  of  Representatives,  on  the  third 
reading  are  put  on  their  passage. 

5.  If  the  above  are  finished  before  one  o'clock,  the 
general  file  of  bills,  consisting  of  those  reported  from 
Committees  on  the  second  reading,  and  those  reported 
from  Committees  after  having  been  referred,  are  taken 
up  in  the  order  in  which  they  were  reported  to  the  Se- 
nate by  the  respective  Committees. 

6.  At  one  o'clock,  if  no  business  be  pending,  or  if  no 
motion  be  made  to  proceed  to  other  business,  the  special 


ORDER.  45 

orders  are  called,  at  the  head  of  which  stands  the  un- 
finished business  of  the  preceding  day.] — Vid.  Rules  H. 
#.16,17. 

In  this  way  we  do  not  waste  our  time  in  debating 
what  shall  be  taken  up  :  we  do  one  thing  at  a  time,  fol- 
low up  a  subject  while  it  is  fresh,  and  till  it  is  done  with  ; 
clear  the  House  of  business  gradatim  as  it  is  brought 
on,  and  prevent,  to  a  certain  degree,  its  immense  accu- 
mulation towards  the  close  of  the  session. 

Arrangement,  however,  can  only  take  hold  of  matters 
in  possession  of  the  House.  New  matter  may  be  moved 
at  any  time,  when  no  question  is  before  the  House. 
Such  are,  original  motions,  and  reports  on  bills.  Such 
are,  bills  from  the  other  House,  which'  are  received  at 
all  times,  and  receive  their  first  reading  as  soon  as  the 
question  then  before  the  House  is  disposed  of;  and  bills 
brought  in  on  leave,  which  are  read  first  whenever  pre- 
sented. So,  messages  from  the  other  House  respecting 
amendments  to  bills,  are  taken  up  as  soon  as  the  House 
is  clear  of  a  question,  unless  they  require  to  be  printed, 
for  better  consideration.  Orders  of  the  day  may  be 
called  for,  even  when  another  question  is  before  the  House. 


SECTION  XV. 

ORDER. 

Each  House  may  determine  the  rules  of  its  proceed- 
ings ;  punish  its  members  for  disorderly  behaviour,  and, 
with  the  concurrence  of  two  thirds,  expel  a  member. — 
Const.  /,  5. 

In  Parliament,  "  instances  make  order,"  per 


46        ORDER  RESPECTING  PAPERS. 

Speaker  Onslow,  2  Hats.  144;  but  what  is  done 
only  by  one  Parliament,  cannot  be  called  custom 
of  Parliament :  by  Prynne,  I  Grey,  52. 


SECTION  XVI. 


ORDER  RESPECTING  PAPERS. 

The  Clerk  is  to  let  no  journals,  records,  ac- 
counts, or  papers,  be  taken  from  the  table,  or 
out  of  his  custody. — 2  Hats.  193,  194. 

Mr.  Prynne  having,  at  a  committee  of  the 
whole,  amended  a  mistake  in  a  bill,  without  or- 
der or  knowledge  of  the  committee,  was  repri- 
manded.— 1  Chand.  77. 

A  bill  being  missing,  the  House  resolved,  that 
a  protestation  should  be  made  and  subscribed  by 
the  members,  "before  Almighty  God  and  this 
honourable  House,  that  neither  myself  nor  any 
other,  to  my  knowledge,  have  taken  away,  or 
do  at  this  present  conceal  a  bill  entitled,"  &c. — 
5  Grey,  202. 

After  a  bill  is  engrossed  it  is  put  into  the 
Speaker's  hands,  and  he  is  not  to  let  any  one 
have  it  to  look  into. — Town.  col.  209. 


ORDER  IN  DEBATE,  47 

SECTION  XVII. 

ORDER  IN  DEBATE. 

When  the  Speaker  is  seated  in  his  chair, 
every  member  is  to  sit  in  his  place. — Scob.  6 — 
3  Grey,  403. 

When  any  member  means  to  speak,  he  is  to 
stand  up  in  his  place,  uncovered,  and  to  address 
himself,  not  to  the  House,  or  any  particular 
member,  but  to  the  Speaker,  who  calls  him  by 
his  name,  that  the  House  may  take  notice  who 
it  is  that  speaks. — Scob.  §— If  Ewes,  487,  col. 
1__2  Hats.  77—4  Grey,  66—8  Grey,  108. 
But  members  who  are  indisposed  may  be  in- 
dulged to  speak  sitting. — 3  Hats.  75.  77 — 1 
Grey,  195. 

In  Senate,  every  member,  when  he  speaks,  shall  ad- 
dress the  chair,  standing  in  his  place ;  and  when  he  has 
finished,  shall  sit  down. — Rule  3. 

When  any  member  is  about  to  speak  in  debate,  or 
deliver  any  matter  to  the  House,  he  shall  rise  from  his 
seat,  and  respectfully  address  himself  to  "  Mr.  Speaker," 
and  shall  confine  himself  to  the  question  under  debate, 
and  avoid  personality. — Rule  H.  R.  20. 

When  a  member  stands  up  to  speak,  no  ques- 
tion is  to  be  put ;  but  he  is  to  be  heard,  unless 
the  House  overrule  him. — 4  Grey,  390 — 5 
Grey,  6.  143. 

If  two  or  more  rise  to  speak  nearly  together, 
the  Speaker  determines  who  was  first  up,  and 
calls  him  by  name ;  whereupon  he  proceeds, 


48  ORDER  IN  DEBATE. 

unless  he  voluntarily  sits  down,  and  gives  way 
to  the  other.  But  sometimes  the  House  does 
not  acquiesce  in  the  Speaker's  decision ;  in 
which  case,  the  question  is  put,  "  Which  mem- 
ber was  first  up?" — 2  Hats.  76—Scob.  7 — 
WEwes,  434,  col  1,  2. 

In  the  Senate  of  the  United  States,  the  President's  de- 
cision is  without  appeal.  Their  rule  is  in  these  words : 
When  two  members  rise  at  the  same  time,  the  President 
shall  name  the  person  to  speak ;  but  in  all  cases,  the 
member  who  shall  first  rise  and  address  the  chair,  shall 
speak  first. — Rule  5. 

No  man  may  speak  more  than  once  to  the 
same  bill,  on  the  same  day ;  or  even  on  another 
day,  if  the  debate  be  adjourned.  But  if  it  be 
read  more  than  once,  in  the  same  day,  he  may 
speak  once  at  every  reading. — Co.  12,  11 6-— 
Hakew.  US—Scob.  58—2  Hats.  75.  Even  a 
change  of  opinion  does  not  give  a  right  to  be 
heard  a  second  time. — Smyth  Comw.  L.  2.  c.  3 
— JJrcan.  Parl.  17. 

The  corresponding  rule  of  Senate  is  in  these  words  : 
No  member  shall  speak  more  than  twice  in  any  one  de- 
bate on  the  same  day,  without  leave  of  the  Senate. 
— Rule  4. 

No  member  shall  speak  more  than  twice  to  the  same 
question,  without  leave  of  the  House,  nor  more  than 
once  until  every  member  choosing  to  speak  shall  have 
spoken.— Rule  H.  R.  23. 

But  he  may  be  permitted  to  speak  again  to 
clear  a  matter  of  fact. — 3  Grey,  357.  416.  Or 
merely  to  explain  himself,  3  Hats.  73,  in  some 
material  part  of  his  speech,  ib.  75  ;  or  -to  the 
manner  or  words  of  the  question,  keeping  him- 


ORDER  IN  DEBATE.  49 

self  to  that  only,  and  not  travelling  into  the 
merits  of  it,  Memorials  in  Hakew.  29  ;  or  to 
the  orders  of  the  House,  if  they  be  transgressed, 
keeping  within  that  line,  and  not  falling  into  the 
matter  itself. — Mem.  Hakew.  30,  31. 

But  if  the  Speaker  rises  to  speak,  the  member 
standing  up  ought  to  sit  down,  that  he  may  be 
first  heard.— Town.  col.  2Q5—Hale  Parl.  133 
— Mem.  in  Hakew.  30,  31.  Nevertheless, 
though  the  Speaker  may  of  right  speak  to  mat- 
ters of  order  and  be  first  heard,  he  is  restrained 
from  speaking  on  any  other  subject,  except 
where  the  House  have  occasion  for  facts  within 
his  knowledge;  then  he  may,  with  their  leave, 
state  the  matter  of  fact. — 3  Grey,  38. 

No  one  is  to  speak  impertinently  or  beside 
the  question,  superfluously  or  tediously. — Scob. 
31.  33—2  Hats.  166.  168— Hale.  Parl.  133. 

No  person  is  to  use  indecent  language  against 
the  proceedings  of  the  House,  no  prior  determi- 
nation of  which  is  to  be  reflected  on  by  any 
member,  unless  he  means  to  conclude  with  a 
motion  to  rescind  it. — 2  Hats.  169, 170 — P.ushw. 
p.  3.  v.  \.fol.  42.  But  while  a  proposition  is 
under  consideration,  is  still  in  fieri,  though  it 
has  even  been  reported  by  a  committee,  reflec- 
tions on  it  are  no  reflections  on  the  House. — 9 
Grey,  308. 

No  person,  in  speaking,  is  to  mention  a  mem- 
ber then  present  by  his  name ;  but  to  describe 
him  by  his  seat  in  the  House,  or  who  spoke 


50  ORDER  IN  DEBATE. 

last,  or  on  the  other  side  of  the  question,  &c. 
Mem.  in  Hakeiv. — 3  Smyth's  Comw.  L.  2.  c. 
3  ;  nor  to  digress  from  the  matter  to  fall  upon 
the  person.— Scob.  31 — Hale  Parl.  133 — 2 
Hats.  166,  by  speaking,  reviling,  nipping,  or 
unmannerly  words  against  a  particular  member. 
Smyth's  Comw,  L.  2.  c.  3.  The  consequences 
of  a  measure  may  be  reprobated  in  strong  terms ; 
but  to  arraign  the  motives  of  those  who  propose 
or  advocate  it,  is  a  personality,  and  against  or- 
der.— Qui  digreditur  a  materia  ad  personam, 
Mr.  Speaker  ought  to  suppress. — Ord.  Com. 
1604,  Apr.  19. 

When  a  member  shall  be  called  to  order,  he  shall  sit 
down  until  the  President  shall  have  determined  whether 
he  is  in  order  or  not. — Rule  16. 

No  member  shall  speak  to  another,  or  otherwise  in- 
terrupt the  business  of  the  Senate,  or  read  any  printed 
paper,  while  the  journals  or  public  papers  are  reading-, 
or  when  any  member  is  speaking-  in  any  debate. — Rule  %. 

Whilst  the  Speaker  is  putting  any  question,  or  ad- 
dressing the  House,  none  shall  walk  out  of  or  across  the 
House ;  nor,  in  such  case,  or  when  a  member  is  speak- 
ing, shall  entertain  private  discourse ;  nor  whilst  a 
member  is  speaking,  shall  pass  between  him  and  the 
chair.— Rules  H.  R.  25. 

No  one  is  to  disturb  another  in  his  speech,  by 
hissing,  coughing,  spitting,  6  Grey,  332 — Scob. 
8 — D'Ewes,  332,  col.  I  ;  nor  stand  up  to  inter- 
rupt him,  Town.  col.  205 — Mem.  in  Hakew. 
31 ;  nor  to  pass  between  the  Speaker  and  the 
speaking  member;  nor  to  go  across  the  House, 
Scob.  6 ;  or  to  walk  up  and  down  it ;  or  to  take 


ORDER  IN  DEBATE.  51 

books  or  papers  from  the  table,  or  write  there. 
2  Hats.  171. 

Nevertheless,  if  a  member  finds  it  is  not  the 
inclination  of  the  House  to  hear  him,  and  that, 
by  conversation  or  any  other  noise,  they  en- 
deavour to  drown  his  voice,  it  is  the  most  pru- 
dent way  to  submit  to  the  pleasure  of  the  House, 
and  sit  down  ;  for  it  scarcely  ever  happens  that 
they  are  guilty  of  this  piece  of  ill  manners  with- 
out sufficient  reason,  or  inattentive  to  a  member 
who  says  any  thing  worth  their  hearing. — 2 
Hats.  77,  78. 

If  repeated  calls  do  not  produce  order,  the 
Speaker  may  call  by  his  name  any  member  ob- 
stinately persisting  in  irregularity  ;  whereupon 
the  House  may  require  the  member  to  with- 
draw. He  is  then  to  be  heard  in  exculpation, 
and  to  withdraw.  Then  the  Speaker  states  the 
offence  committed,  and  the  House  considers  the 
degree  of  punishment  they  will  inflict. — 2  Hats. 
169,  7,  8.  172. 

For  instances  of  assaults  and  affrays  in  the 
House  of  Commons,  and  the  proceedings  there- 
on, see  1  Pet.  Misc.  82 — 3  Grey,  128 — 4 
Grey,  328 — 5  Grey,  38 — 26  Grey,  204 — 10 
Grey,  8.  Whenever  warm  words  or  an  assault 
have  passed  between  members,  the  House,  for 
the  protection  of  their  members,  requires  them 
to  declare  in  their  places  not  to  prosecute  any 
quarrel,  3  Grey,  128.  293 — 5  Grey,  289  ;  or 
orders  them  to  attend  the  Speaker,  who  is  to 
accommodate  their  differences,  and  to  report  to 


52  ORDER  IN  DEBATE. 

the  House,  3  Grey,  419 ;  and  they  are  put 
under  restraint,  if  they  refuse,  or  until  they  do. 
9  Grey,  234.  312. 

Disorderly  words  are  not  to  be  noticed  till  the 
member  has  finished  his  speech. — 5  Grey,  356 
— 6  Grey,  60.  Then  the  person  objecting  to 
them,  and  desiring  them  to  be  taken  down  by 
the  clerk  at  the  table,  must  repeat  them.  The 
Speaker  then  may  direct  the  clerk  to  take  them 
down  in  his  minutes.  But  if  he  thinks  them 
not  disorderly,  he  delays  the  direction.  If  the 
call  becomes  pretty  general,  he  orders  the  clerk 
to  take  them  down,  as  stated  by  the  objecting 
member.  They  are  then  part  of  his  minutes, 
and  when  read  to  the  offending  member,  he  may 
deny  they  were  his  words,  and  the  House  must 
then  decide  by  a  question  whether  they  are  his 
words  or  not.  Then  the  member  may  justify 
them,  or  explain  the  sense  in  which  he  used 
them,  or  apologize.  If  the  house  is  satisfied,  no 
further  proceeding  is  necessary.  But  if  two 
members  still  insist  to  take  the  sense  of  the 
House,  the  member  must  withdraw  before  that 
question  is  stated,  and  then  the  sense  of  the 
House  is  to  be  taken. — 2  Hats.  199 — 4  Grey, 
170 — 6  Grey,  59.  When  any  member  has 
spoken,  or  other  business  intervened,  after  offen- 
sive words  spoken,  they  cannot  be  taken  notice 
of  for  censure.  And  this  is  for  the  common 
security  of  all,  and  to  prevent  mistakes,  which 
must  happen,  if  words  are  not  taken  down  im- 
mediately. Formerly,  they  might  be  taken 


ORDER  IN  DEBATE.  53 

down  any  time  the  same  day. — 2  Hats.  196 — 
Mem.  in  Hakew.  71—3  Grey,  48—9  Grey, 
514. 

Disorderly  words  spoken  in  a  committee, 
must  be  written  down  as  in  the  House ;  but  the 
committee  can  only  report  them  to  the  House 
for  animadversion. — 6  Grey,  46. 

The  rule  of  the  Senate  says,  If  a  member  be  called  to 
order  for  words  spoken,  the  exceptionable  words  shall 
be  immediately  taken  down  in  writing-,  that  the  Presi- 
dent may  be  better  enabled  to  judge. — Rule  17. 

In  Parliament,  to  speak  irreverently  or  sedi- 
tiously against  the  King,  is  against  order. 
Smyth's  Comw.  L.  2.  c.  3—2  Hats.  170. 

It  is  a  breach  of  order  in  debate  to  notice 
what  has  been  said  on  the  same  subject  in  the 
other  House,  or  the  particular  votes  or  majori- 
ties on  it  there ;  because  the  opinion  of  each 
House  should  be  left  to  its  own  independency, 
not  to  be  influenced  by  the  proceedings  of  the 
other ;  and  the  quoting  them  might  beget  reflec- 
tions leading  to  a  misunderstanding  between  the 
two  Houses. — 8  Grey,  22. 

Neither  House  can  exercise  any  authority 
over  a  member  or  officer  of  the  other,  but  should 
complain  to  the  House  of  which  he  is,  and  leave 
the  punishment  to  them.  Where  the  complaint 
is  of  words  disrespectfully  spoken  by  a  member 
of  another  House,  it  is  difficult  to  obtain  punish- 
ment, because  of  the  rules  supposed  necessary 
to  be  observed  (as  to  the  immediate  noting  down 
of  words)  for  the  security  of  members.  There- 


54  ORDER  IN  DEBATE. 

fore,  it  is  the  duty  of  the  House,  and  more  par- 
ticularly of  the  Speaker,  to  interfere  immediate- 
ly, and  not  to  permit  expressions  to  go  unnoticed, 
which  may  give  a  ground  of  complaint  to  the 
other  House,  and  introduce  proceedings  and 
mutual  accusations  between  the  two  Houses, 
which  can  hardly  be  terminated  without  diffi- 
culty and  disorder. — 3  Hats.  51. 

No  member  may  be  present  when  a  bill,  or 
any  business  concerning  himself  is  debating; 
nor  is  any  member  to  speak  to  the  merits  of  it 
till  he  withdraws. — 2  Hats.  219.  The  rule  is, 
that  if  a  charge  against  a  member  arise  out  of  a 
report  of  a  committee,  or  examination  of  wit- 
nesses in  the  House,  as  the  member  knows  from 
that  to  what  points  he  is  to  direct  his  exculpa- 
tion, he  may  be  heard  to  those  points,  before 
any  question  is  moved  or  stated  against  him. 
He  is  then  to  be  heard,  and  withdraw  before  any 
question  is  moved.  But  if  the  question  itself  is 
the  charge,  as  for  breach  of  order,  or  matter 
arising  in  debate,  there  the  charge  must  be  sta- 
ted, that  is,  the  question  must  be  moved,  himself 
heard,  and  then  to  withdraw. — 2  Hats.  121, 
122. 

Where  the  private  interests  of  a  member  are 
concerned  in  a  bill  or  question,  he  is  to  with- 
draw. And  where  such  an  interest  has  appear- 
ed, his  voice  has  been  disallowed,  even  after  a 
division.  In  a  case  so  contrary,  not  only  to  the 
laws  of  decency,  but  to  the  fundamental  princi- 
ples of  the  social  compact,  which  denies  to  any 


ORDER  IN  DEBATE.  55 

man  to  be  a  judge  in  his  own  cause,  it  is  for  the 
honour  of  the  House  that  this  rule  of  immemo- 
rial observance  should  be  strictly  adhered  to. — 
2  Hats.  119.  121.— 6  Grey,  368. 

No  member  is  to  come  into  the  House  with 
his  head  covered,  nor  to  remove  from  one  place 
to  another  with  his  hat  on,  nor  is  to  put  on  his 
hat  in  coming  in,  or  removing,  until  he  be  sit 
down  in  his  place. — Scob.  6. 

A  question  of  order  may  be  adjourned  to  give 
time  to  look  into  precedents. — 2  Hats.  118. 

In  the  Senate  of  the  United  States,  every  question  of 
order  is  to  be  decided  by  the  President,  without  debate : 
but  if  there  be  a  doubt  in  his  mind,  he  may  call  for  the 
sense  of  the  Senate. — Rule  6. 

If  any  member,  in  speaking  or  otherwise,  transgress 
the  rules  of  the  House,  the  Speaker  shall,  or  any  mem- 
ber may,  call  to  order;  in  which  case  the  member  so 
called  to  order  shall  immediately  sit  down,  unless  per- 
mitted to  explain ;  and  the  House  shall,  if  appealed  to, 
decide  on  the  case,  but  without  debate  :  if  there  be  no 
appeal,  the  decision  of  the  Chair  shall  be  submitted  to. 
If  the  decision  be  in  favour  of  the  member  called  to  or- 
der, he  shall  be  at  liberty  to  proceed ;  if  otherwise,  he 
shall  not  be  permitted  to  proceed  without  leave  of  the 
House  ;  and,  if  the  case  require  it,  he  shall  be  liable  to 
the  censure  of  the  House. — Rules  H.  R.  21. 

In  Parliament,  all  decisions  of  the  Speaker 
may  be  controlled  by  the  House. — 3  Grey,  319. 


56  ORDERS  OF  THE  HOUSE. 

SECTION  XVIII. 

ORDERS  OF  THE   HOUSE. 

Of  right,  the  door  of  the  House  ought  not  to 
be  shut,  but  to  be  kept  by  porters,  or  sergeants- 
at-arms,  assigned  for  that  purpose. — Mod.  ten. 
Parl  23. 

By  the  rule  of  the  Senate,  on  motion  made  and  se- 
conded to  shut  the  doors  of  the  Senate,  on  the  discussion 
of  any  husiness  which  may,  in  the  opinion  of  a  member, 
require  secrecy,  the  President  shall  direct  the  Gallery  to 
be  cleared,  and  during  the  discussion  of  such  motion,  the 
door  shall  remain  shut. — Rule  18. 

No  motion  shall  be  deemed  in  order  to  admit  any  per- 
son or  persons  whatever  within  the  doors  of  the  Senate- 
chamber,  to  present  any  petition,  memorial,  or  address, 
or  to  hear  any  such  read. — Rule  19. 

The  only  case  where  a  member  has  a  right 
to  insist  on  any  thing,  is  where  he  calls  for  the 
execution  of  a  subsisting  order  of  the  House. 
Here,  there  having  been  already  a  resolution, 
any  member  has  a  right  to  insist  that  the  Speak- 
er, or  any  other  whose  duty  it  is,  shall  carry  it 
into  execution ;  and  no  debate  or  delay  cian  be 
had  on  it.  Thus  any  member  has  a  right  to  have 
the  House  or  gallery  cleared  of  strangers,  an 
order  existing  for  that  purpose  ;  or  to  have  the 
House  told  when  there  is  not  a  quorum  present. 
—2  Hats.  87.  129.  How  far  an  order  of  the 
House  is  binding,  see  Hakew.  392. 

But  where  an  order  is  made  that  any  particu- 
lar matter  be  taken  up  on  a  particular  day,  there 


ORDERS  OF  THE  HOUSE.  57 

a  question  is  to  be  put  when  it  is  called  for, 
Whether  the  House  will  now  proceed  to  that 
matter  ?  Where  orders  of  the  day  are  on  import- 
ant or  interesting  matter,  they  ought  not  to  be 
proceeded  on  till  an  hour  at  which  the  House  is 
usually  full — (which  in  Senate  is  at  noon.] 

Orders  of  the  day  may  be  discharged  at  any 
time,  and  a  new  one  made  for  a  different  day. — 
3  Grey,  48.  313. 

When  a  session  is  drawing  to  a  close,  and 
the  important  bills  are  all  brought  in,  the  House, 
in  order  to  prevent  interruption  by  further  unim- 
portant bills,  sometimes  come  to  a  resolution, 
that  no  new  bill  be  brought  in,  except  it  be  sent 
from  the  other  House. — 3  Grey,  156. 

All  orders  of  the  House  determine  with  the 
session;  and  one  taken  under  such  an  order,  may, 
after  the  session  is  ended,  be  discharged  on  a 
Habeas  Corpus. — Raym.  120 — Jacob's  L.  D. 
by  Rujfhead — Parliament,  I  Lev.  165,  Frit- 
chard's  case. 

Where  the  Constitution  authorizes  each  House  to  de- 
termine the  rules  of  its  proceedings,  it  must  mean  in 
those -cases,  legislative,  executive,  or  judiciary,  submit- 
ted to  them  by  the  Constitution,  or  in  something  relating 
to  these,  and  necessary  towards  their  execution.  But 
orders  and  resolutions  are  sometimes  entered  in  the 
journals,  having-  no  relation  to  these,  such  as  acceptances 
of  invitations  to  attend  orations,  to  take  part  in  proces- 
sions, &c.  These  must  be  understood  to  be  merely  con- 
ventional among  those  who  are  willing  to  participate  in 
the  ceremony,  and  are  therefore  perhaps  improperly 
placed  among  the  records  of  the  House. 


58  PETITIONS. 

SECTION   XIX. 

PETITIONS. 

A  petition  prays  something.  A  remonstrance 
has  no  prayer. — 1  Grey,  58. 

Petitions  must  be  subscribed  by  the  petition- 
ers, Scob.  87— L.  Parl  c.  22—9  Grey,  362, 
unless  they  are  attending,  1  Grey,  401,  or  una- 
ble to  sign,  and  averred  by  a  member,  3  Grey, 
418.  But  a  petition  not  subscribed,  but  which 
the  member  presenting  it  affirmed  to  be  all  in 
the  hand-writing  of  the  petitioner,  and  his  name 
written  in  the  beginning,  was,  on  the  question, 
(March  14, 1800,)  received  by  the  Senate.  The 
averment  of  a  member,  or  somebody  without 
doors,  that  they  know  the  hand- writing  of  the 
petitioners,  is  necessary,  if  it  be  questioned. — 
6  Grey,  36.  It  must  be  presented  by  a  member, 
not  by  the  petitioners,  and  must  be  opened  by 
him,  holding  it  in  his  hand,  10  Grey,  57. 

Before  any  petition  or  memorial,  addressed  to  the  Se- 
nate, shall  be  received  and  read  at  the  table,  whether  the 
same  shall  be  introduced  by  the  President  or  a  member, 
a  brief  statement  of  the  contents  of  the  petition  or  me- 
morial shall  verbally  be  made  by  the  introducer. — Rule 
24. 

Petitions,  memorials,  and  other  papers,  addressed  to 
the  House,  shall  be  presented  by  the  Speaker,  or  by  a 
member  in  his  place :  a  brief  statement  of  the  contents 
thereof  shall  verbally  be  made  by  the  introducer,  and 
shall  not  be  debated  or  decided  on  the  day  of  their  being 
first  read,  unless  where  the  House  shall  direct  otherwise, 


MOTIONS.  59 

but  shall  lie  on  the  table,  to  be  taken  up  in  the  order 
they  were  read. — Rules  H.  R.  45. 

Regularly  a  motion  for  receiving  it  must  be 
made  and  seconded,  and  a  question  put,  Whether 
it  shall  be  received  ?  But  a  cry  from  the  House 
of  "  Received,"  or  even  its  silence,  dispenses 
with  the  formality  of  this  question  :  it  is  then  to 
be  read  at  the  table,  and  disposed  of. 


SECTION  XX. 

MOTIONS. 

When  a  motion  has  been  made,  it  is  not  to  be 
put  to  the  question,  or  debated,  until  it  is  second- 
ed:— Scob.  21. 

The  Senate  say,  No  motion  shall  be  debated  until  the 
same  shall  be  seconded. — Rule  9. 

It  is  then,  and  not  till  then,  in  possession  of 
the  House.  It  is  to  be  put  into  writing,  if  the 
House  or  Speaker  require  it,  and  must  be  read 
to  the  House  by  the  Speaker,  as  often  as  any 
member  desires  it  for  his  information. — 2  Hats. 
82. 

The  Rule  of  the  Senate  is,  When  a  motion  shall  be 
made  and  seconded,  it  shall  be  reduced  to  writing,  if  de- 
sired by  the  President  or  any  member,  delivered  in  at 
the  table,  and  read  by  the  President,  before  the  same 
shall  be  debated.— Rule  10. 


60  MOTIONS. 

When  a  motion  is  made  and  seconded,  it  shall  be 
stated  by  the  Speaker ;  or,  being  in  writing,  it  shall  be 
handed  to  the  chair,  and  read  aloud  by  the  clerk  before 
debated— Rules  H.  R.  29. 

Every  motion  shall  be  reduced  to  writing,  if  the 
Speaker  or  any  member  desire  it. — Rules  H.  R.  30. 

It  might  be  asked,  whether  a  motion  for  ad- 
journment, or  for  the  orders  of  the  day,  can  be 
made  by  one  member  while  another  is  speak- 
ing ?  It  cannot.  When  two  members  offer  to 
speak,  he  who  rose  first  is  to  be  heard,  and  it  is 
a  breach  of  order  in  another  to  interrupt  him, 
unless  by  calling  him  to  order  if  he  departs  from 
it.  And  the  question  of  order  being  decided,  he 
is  still  to  be  heard  through.  A  call  for  adjourn- 
ment, or  for  the  order  of  the  day,  or  for  the 
question,  by  gentlemen  from  their  seats,  is  not 
a  motion.  No  motion  can  be  made  without 
rising  and  addressing  the  chair.  Such  calls  are 
themselves  breaches  of  order,  which  though  the 
member  who  has  risen  may  respect  as  an  ex- 
pression of  impatience  of  the  House,  against 
further  debate,  yet,  if  he  chooses,  he  has  a  right 
to  go  on, 


RESOLUTIONS — BILLS.  Gl 

SECTION  XXI. 

RESOLUTIONS. 

When  the  House  commands,  it  is  by  an  "  or- 
der." But  fact,  principles,  their  own  opinions, 
and  purposes,  are  expressed  in  the  form  of  reso- 
lutions. 

A  resolution  for  an  allowance  of  money  to  the  clerks, 
being  moved,  it  was  objected  to  as  not  in  order,  and  so 
ruled  by  the  chair.  But  on  an  appeal  to  the  Senate,  (i.  e. 
a  call  for  their  sense  by  the  President,  on  account  of 
doubt  in  his  mind,  according-  to  Rule  16,)  the  decision 
was  over-ruled. — Journ.  Sen.  June  1,  1796.  I  presume 
the  doubt  was,  whether  an  allowance  of  money  could  be 
made  otherwise  than  by  bill. 


SECTION  XXII. 
BILLS. 

Every  bill  shall  receive  three  readings,  previous  to  its 
being  passed ;  and  the  President  shall  give  notice  at 
each,  whether  it  be  the  first,  second,  or  third ;  which 
readings  shall  be  on  three  different  days,  unless  the  Se- 
nate unanimously  direct  otherwise. — Rule  26. 

Every  bill  shall  be  introduced  by  motion  for  leave,  or 
by  an  order  of  the  House,  on  the  report  of  the  commit- 
tee ;  and,  in  either  case,  a  committee  to  prepare  the  same 


62  BILLS,  LEAVE  TO  BRING  IN. 

shall  be  appointed.  In  cases  of  a  general  nature,  one 
day's  notice,  at  least,  shall  be  given  of  the  motion  to  bring 
in  a  bill ;  and  every  such  motion  may  be  committed. — 
Rules  H.R.S7. 


SECTION  XXIII. 
BILLS,  LEAVE  TO  BRING  IN. 

One  day's  notice,  at  least,  shall  be  given  of  an  intend- 
ed motion  for  leave  to  bring  in  a  bill. — Rule  25. 

When  a  member  desires  to  bring  in  a  bill  on 
any  subject,  he  states  to  the  House,  in  general 
terms,  the  causes  for  doing  it,  and  concludes  by 
moving  for  leave  to  bring  in  a  bill,  entitled,  &c. 
Leave  being  given,  on  the  question,  a  commit- 
tee is  appointed  to  prepare  and  bring  in  the  bill. 
The  mover  and  seconder  are  always  appointed 
on  this  committee,  and  one  or  more  in  addition. 
—Hakew.  132— #co&.  40. 

It  is  to  be  presented  fairly  written,  without 
any  erasure  or  interlineation;  or  the  Speaker 
may  refuse  it. — Scob.  31—1  Grey,  82.  84. 


BILLS,  READING.  63 

SECTION  XXIV. 

BILLS,  FIRST  READING. 

When  a  bill  is  first  presented,  the  clerk  reads 
it  at  the  table,  and  hands  it  to  the  Speaker,  who, 
rising,  states  to  the  House  the  title  of  the  bill ; 
that  this  is  the  first  time  of  reading  it ;  and  the 
question  will  be,  Whether  it  shall  be  read  a  se- 
cond time  ?  Then  sitting  down,  to  give  an  open- 
ing for  objections ;  if  none  be  made,  he  rises 
again,  and  puts  the  question,  Whether  it  shall  be 
read  a  second  time  ? — Hakew.  137. 141.  A  bill 
cannot  be  amended  at  the  first  reading. — 6  Grey, 
286 ;  nor  is  it  usual  for  it  to  be  opposed  then, 
but  it  maybe  done  and  rejected. — If  Ewes,  335, 
col  1—3  Hats.  198.  (Vide  Rules  H.  E.  88.) 


SECTION  XXV. 

BILLS,  SECOND  READING. 

The  second  reading  must  regularly  be  on  an- 
other day. — Hakew.  143.  It  is  done  by  the 
clerk  at  the  table,  who  then  hands  it  to  the 
Speaker.  The  Speaker,  rising,  states  to  the 
House  the  title  of  the  bill,  that  this  is  the  second 


64  BILLS,  COMMITMENT. 

time  of  reading  it,  and  that  the  question  will  be, 
Whether  it  shall  be  committed,  or  engrossed 
and  read  a  third  time  ?  But  if  the  bill  came  from 
the  other  House,  as  it  always  comes  engrossed, 
he  states  that  the  question  will  be,  Whether  it 
shall  be  read  a  third  time  ?  And  before  he  has 
so  reported  the  state  of  the  bill,  no  one  is  to 
speak  to  it. — Hakew.  143.  146. 

In  the  Senate  of  the  United  States,  the  President  re- 
ports the  title  of  the  bill,  that  this  is  the  second  time  of 
reading  it,  that  it  is  now  to  be  considered  as  in  a  com- 
mittee of  the  whole,  and  the  question  will  be,  Whether  it 
shall  be  read  a  third  time  ?  or,  that  it  may  be  referred  to 
a  special  committee. —  Vide  Rule  27. 


SECTION  XXVI. 
BILLS,  COMMITMENT. 

If,  on  motion  and  question,  it  be  decided  that 
the  bill  shall  be  committed,  it  may  then  be  moved 
to  be  referred  to  a  committee  of  the  whole 
house,  or  to  a  special  committee.  If  the  latter, 
the  Speaker  proceeds  to  name  the  committee. 
Any  member  also  may  name  a  single  person,  and 
the  clerk  is  to  write  him  down  as  of  the  commit- 
tee. But  the  House  have  a  controlling  power 
over  the  names  and  number,  if  a  question  be 
moved  against  any  one  ;  and  may  in  any  case 
put  in  and  put  out  whom  they  please. 


BILLS.  65 

Those  who  take  exceptions  to  some  particu- 
lars in  the  bill,  are  to  be  of  the  committee.  But 
none  who  speak  directly  against  the  body  of  the 
bill.  For  he  that  would  totally  destroy,  would 
not  amend  it. — Hakew.  146 — Town,  col.  208 — 
D'Ewes,  634.  col.  2 — Scob.  47;  or  as  is  said, 
5  Grey,  145,  the  child  is  not  to  be  put  to  a 
nurse  that  cares  not  for  it. — 6  Grey,  373.  It  is 
therefore  a  constant  rule,  "  that  no  man  is  to  be 
employed  in  any  matter  who  has  declared  him- 
self against  it."  And  when  any  member  who  is 
against  the  bill,  hears  himself  named  of  its  com- 
mittee, he  ought  to  ask  to  be  excused.  Thus, 
March  6,  1606,  Mr.  Hadley  was,  on  the  question 
being  put,  excused  from  being  of  a  committee, 
declaring  himself  to  be  against  the  matter  itself. 
—Scob.  48. 

No  bill  shall  be  committed  or  amended  until  it  shall 
have  been  twice  read,  after  which  it  may  be  referred  to 
a  committee. — Rule  27. 

The  first  reading  of  a  bill  shall  be  for  information ; 
and,  if  opposition  be  made  to  it,  the  question  shall  be, 
"  Shall  this  bill  be  rejected  ?"  If  no  opposition  be  made,  or 
if  the  question  to  reject  be  negatived,  the  bill  shall  go  to 
its  second  reading  without  a  question. — Rules  H.  R.  89. 

In  the  appointment  of  the  standing  committees,  the 
Senate  will  proceed,  by  ballot,  severally  to  appoint  the 
chairman  of  each  committee,  and  then,  by  one  ballot,  the 
other  members  necessary  to  complete  the  same;  and  a 
majority  of  the  whole  number  of  votes  given  shall  be  ne- 
cessary to  the  choice  of  a  chairman  of  a  standing  com- 
mittee. All  other  committees  shall  be  appointed  by  bal- 
lot, and  a  plurality  of  votes  shall  make  a  choice.  When 
any  subject  or  matter  shall  have  been  referred  to  a  com- 
£ 


66  BILLS. 

mittee,  any  other  subject  or  matter  of  a  similar  nature 
may,  on  motion,  be  referred  to  such  committee. — Rule  34. 

The  clerk  may  deliver  the  bill  to  any  mem- 
ber of  the  committee. — Town.  col.  138.  But  it 
is  usual  to  deliver  it  to  him  who  is  first  named. 

In  some  cases,  the  House  has  ordered  a  com- 
mittee to  withdraw  immediately  into  the  com- 
mittee-chamber, and  act  on,  and  bring  back,  the 
bill,  sitting  the  House. — Scob.  48.  (Tide  Pules 
H.  R.  78.) 

A  committee  meets  when  and  where  they 
please,  if  the  House  has  not  ordered  time  and 
place  for  them. — 6  Grey,  370.  But  they  can 
only  act  when  together,  and  not  by  separate  con- 
sultation and  consent,  nothing  being  the  report 
of  the  committee  but  what  has  been  agreed  to  in 
committee  actually  assembled. 

A  majority  of  the  committee  constitutes  a  quo- 
rum for  business. — Elsynge's  method  of  passing 
bills,  11. 

Any  member  of  the  House  may  be  present  at 
any  select  committee,  but  cannot  vote,  and  must 
give  place  to  all  of  the  committee,  and  must  sit 
below  them. — Elsynge,  12 — Scob.  49. 

The  committee  have  full  power  over  the  bill, 
or  other  paper  committed  to  them,  except  that 
they  cannot  change  the  title  or  subject. — 8  Grey. 
228. 

The  paper  before  a  committee,  whether  select, 
or  of  the  whole,  may  be  a  bill,  resolutions, 
draught  of  an  address,  &c.  and  it  may  either 
originate  with  them,  or  be  referred  to  them.  In 


BILLS.  67 

every  case,  the  whole  paper  is  read  first  by  the 
clerk,  and  then  by  the  chairman,  by  paragraphs, 
Scab.  49,  pausing  at  the  end  of  each  paragraph, 
and  putting  questions,  for  amending,  if  proposed. 
In  the  case  of  resolutions  on  distinct  subjects, 
originating  with  themselves,  a  question  is  put  on 
each  separately,  as  amended,  or  unamended,  and 
no  final  question  on  the  whole. — 3  Hats.  276. 
But  if  they  relate  to  the  same  subject,  a  question 
is  put  on  the  whole.  If  it  be  a  bill,  draught  of 
an  address,  or  other  paper  originating  with 
them,  they  proceed  by  paragraphs,  putting  ques- 
tions for  amending,  either  by  insertion  or  striking 
out,  if  proposed  ;  but  no  question  on  agreeing  to 
the  paragraphs  separately.  This  is  reserved  to 
the  close,  when  a  question  is  put  on  the  whole 
for  agreeing  to  it  as  amended  or  unamended. 
But  if  it  be  a  paper  referred  to  them,  they  pro- 
ceed to  put  questions  of  amendment,  if  proposed, 
but  no  final  question  on  the  whole  ;  because  all 
parts  of  the  paper  having  been  adopted  by  the 
House,  stand,  of  course,  unless  altered,  or  struck 
out  by  a  vote.  Even  if  they  are  opposed  to  the 
whole  paper,  and  think  it  cannot  be  made  good 
by  amendments,  they  cannot  reject  it,  but  must 
report  it  back  to  the  House  without  amendments, 
and  there  make  their  opposition. 

The  natural  order  in  considering  and  amend- 
ing any  paper  is,  to  begin  at  the  beginning,  and 
proceed  through  it  by  paragraphs  ;  and  this  or- 
der is  so  strictly  adhered  to  in  Parliament,  that, 
when  a  latter  part  has  been  amended,  you  can- 


68 


BILLS. 


not  recur  back  and  make  any  alteration  in  a 
former  part. — 2  Hats.  90.  In  numerous  assem- 
blies, this  restraint  is,  doubtless,  important. 
But  in  the  Senate  of  the  United  States,  though 
in  the  main  we  consider  and  amend  the  para- 
graphs in  their  natural  order,  yet  recurrences 
are  indulged;  and  they  seem,  on  the  whole,  in 
that  small  body,  to  produce  advantages  over- 
weighing  their  inconveniences. 

So  this  natural  order  of  beginning  at  the  be- 
ginning, there  is  a  single  exception  found  in 
Parliamentary  usage.  When  a  bill  is  taken  up 
in  committee,  or  on  its  second  reading,  they 
postpone  the  preamble,  till  the  other  parts  of  the 
bill  are  gone  through.  The  reason  is,  that  on 
consideration  of  the  body  of  the  bill,  such  altera- 
tions may  therein  be  made,  as  may  also  occasion 
the  alteration  of  the  preamble. — Scob.  50 — 7 
Grey,  431. 

On  this  head,  the  following  case  occurred  in 
the  Senate,  March  6,  1800.  A  resolution 
which  had  no  preamble,  having  been  already 
amended  by  the  House,  so  that  a  few  words 
only  of  the  original  remained  in  it,  a  motion 
was  made  to  prefix  a  preamble,  which,  having 
an  aspect  very  different  from  the  resolution,  the 
mover  intimated  that  he  should  afterwards  pro- 
pose a  correspondent  amendment  in  the  body 
of  the  resolution.  It  was  objected  that  a  pre- 
amble could  not  be  taken  up  till  the  body  of  the 
resolution  is  done  with.  But  the  preamble  was 
received ;  because  we  are  in  fact  through  the 


BILLS.  69 

body  of  the  resolution,  we  have  amended  that 
as  far  as  amendments  have  been  offered,  and 
indeed  till  little  of  the  original  is  left.  It  is  the 
proper  time,  therefore,  to  consider  a  preamble  ; 
and  whether  the  one  offered  be  consistent  with 
the  resolution,  is  for  the  House  to  determine. 
The  mover,  indeed,  has  intimated  that  he  shall 
offer  a  subsequent  proposition  for  the  body  of 
the  resolution  ;  but  the  House  is  not  in  posses- 
sion of  it ;  it  remains  in  his  breast,  and  may  be 
withheld.  The  rules  of  the  House  can  only 
operate  on  what  is  before  them.  The  practice 
of  the  Senate,  too,  allows  recurrences  backwards 
and  forwards  for  the  purpose  of  amendment,  not 
permitting  amendments  in  a  subsequent,  to  pre- 
clude those  in  a  prior  part,  or  e  converse. 

When  the  committee  is  through  the  whole,  a 
member  moves  that  the  committee  may  rise, 
and  the  chairman  report  the  paper  to  the  House, 
with  or  without  amendments,  as  the  case  may 
be.— 2  Hats.  289.  292—  Scob.  53—2  Hats. 
290—8  Scob.  50. 

When  a  vote  is  once  passed  in  a  committee, 
it  cannot  be  altered  but  by  the  House,  their 
votes  being  binding  on  themselves. — 1607, 
June  4. 

The  committee  may  not  erase,  interline,  or 
blot  the  bill  itself;  but  must,  in  a  paper  by 
itself,  set  down  the  amendments,  stating  the 
words  that  are  to  be  inserted  or  omitted,  Scob. 
50  ;  and  where,  by  reference  to  the  page,  line, 
and  word  of  the  bill. — Scob.  50. 


70  REPORT  OF  COMMITTEE. 

SECTION  XXVII. 

REPORT  OF  COMMITTEE. 

The  chairman  of  the  committee,  standing  in 
his  place,  informs  the  House,  that  the  commit- 
tee, to  whom  was  referred  such  a  bill,  have, 
according  to  order,  had  the  same  under  conside- 
ration, and  have  directed  him  to  report  the 
same  without  any  amendment,  or  with  sundry 
amendments,  (as  the  case  may  be,)  which  he  is 
ready  to  do  when  the  House  pleases  to  receive 
it.  And  he,  or  any  other,  may  move  that  it  be 
now  received.  But  the  cry  of  "now,  now," 
from  the  House,  generally  dispenses  with  the 
formality  of  a  motion  and  question.  He  then 
reads  the  amendments,  with  the  coherence  in 
the  bill,  and  opens  the  alterations,  and  the  rea- 
sons of  the  committee  for  such  amendments, 
until  he  has  gone  through  the  whole.  He  then 
delivers  it  at  the  clerk's  table,  where  the  amend- 
ments reported  are  read  by  the  clerk,  without 
the  coherence ;  whereupon  the  papers  lie  upon 
the  table,  till  the  House,  at  its  convenience, 
shall  take  up  the  report. — Scob.  52 — Hakew. 
148. 

The  report  being  made,  the  committee  is  dis- 
solved, and  can  act  no  more  without  a  new 
power. — Scob.  51.  But  it  may  be  revived  by 
a  vote,  and  the  same  matter  recommitted  to 
them.— 4  Grey,  361. 


BILL,  RE- COMMITMENT.  71 

SECTION  XXVIII. 

BILL,  RE- COMMITMENT. 

After  a  bill  has  been  committed  and  reported, 
it  ought  not,  in  an  ordinary  course,  to  be  re- 
committed. But  in  cases  of  importance,  and 
for  special  reasons,  it  is  sometimes  re-committed, 
and  usually  to  the  same  committee. — Hakew. 
151.  If  a  report  be  committed  before  agreed  to 
in  the  House,  what  has  passed  in  the  committee 
is  of  no  validity ;  the  whole  question  is  again 
before  the  committee,  and  a  new  resolution  must 
be  again  moved,  as  if  nothing  had  passed. — 3 
Hats.  131,  note. 

In  Senate,  January,  1800,  the  salvage  bill 
was  recommitted  three  times  after  the  commit- 
ment. 

A  particular  clause  of  a  bill  may  be  commit- 
ted without  the  whole  bill. — 3  Hats.  131 ;  or  so 
much  of  a  paper  to  one,  and  so  much  to  another 
committee. 


SECTION  XXIX. 

BILL,  REPORT  TAKEN  UP. 

When  the  report  of  a  paper,  originating  with 
a  committee,  is  taken  up  by  the  House,  they 


72  QUASI-COMMITTEE. 

proceed  exactly  as  in  committee.  Here,  as  in 
committee,  when  the  paragraphs  have,  on  dis- 
tinct questions,  been  agreed  to  seriatim. — 5 
Grey,  366—6  Grey,  368—8  Grey,  47.  104. 
360— 1  Torbuctis  deb.  125 — 3  Hats.  348 — no 
question  needs  be  put  on  the  whole  report. — 5 
Grey,  381. 

On  taking  up  a  bill  reported  with  amend- 
ments, the  amendments  only  are  read  by  the 
clerk.  The  Speaker  then  reads  the  first,  and 
puts  it  to  the  question,  and  so  on  till  the  whole 
are  adopted  or  rejected,  before  any  other  amend- 
ment be  admitted,  except  it  be  an  amendment 
to  an  amendment. — Elsynge's  Mem.  23.  When 
through  the  amendments  of  the  committee,  the 
Speaker  pauses,  and  gives  time  for  amendments 
to  be  proposed  in  the  House  to  the  body  of  the 
bill  ;  as  he  does  also  if  it  has  been  reported 
without  amendments  ;  putting  no  question  but 
on  amendments  proposed;  and  when  through 
the  whole,  he  puts  the  question,  Whether  the 
bill  shall  be  read  the  third  time  ? 


SECTION  XXX. 

aUASI-COMMITTEE. 

If  on  the  motion  and  question,  the  bill  be  not 
committed,  or  if  no  proposition  for  commitment 
be  made,  then  the  proceedings  in  the  Senate  of 


QUASI-COMMITTEE.  73 

the  United  States,  and  in  Parliament,  are  totally 
different.     The  former  shall  be  first  stated. 

The  28th  rule  of  the  Senate  says,  "  All  bills,  on  a  se- 
cond reading,  shall  first  be  considered  by  the  Senate  in 
the  same  manner  as  if  the  Senate  were  in  a  committee 
of  the  whole,  before  they  shall  be  taken  up  and  proceed- 
ed on  by  the  Senate  agreeably  to  the  standing  rules, 
unless  otherwise  ordered;"  that  is  to  say,  unless  ordered 
to  be  referred  to  a  special  committee. 

The  proceedings  of  the  Senate,  as  in  a  committee  of 
the  whole,  or  in  quasi-committee,  is  precisely  as  in  a 
real  committee  of  the  whole,  taking  nor  questions  but  on 
amendments.  When  through  the  whole,  they  consider 
the  quasi-committee  as  risen,  the  House  resumed,  with- 
out any  motion,  question,  or  resolution  to  that  effect, 
and  the  President  reports,  that  "  the  House,  acting  as  in 
committee  of  the  whole,  have  had  under  their  considera- 
tion the  bill,  entitled,  &  c.  and  have  made  sundry  amend- 
ments, which  he  will  now  report  to  the  House."  The 
bill  is  then  before  them,  as  it  would  have  been  if  report- 
ed from  a  committee,  and  questions  are  regularly  to  be 
put  again  on  every  amendment;  which  being  gone 
through,  the  President  pauses  to  give  time  to  the  House 
to  propose  amendments  to  the  bodyo  the  bill,  and  when 
through,  puts  the  question,  Whether  t  shall  be  read  a 
third  time  ? 

After  progress  in  amending  a  bill  in  quasi-committee, 
a  motion  may  be  made  to  refer  it  to  a  special  committee. 
If  the  motion  prevails,  it  is  equivalent  in  effect  to  the 
several  votes  that  the  committee  rise,  the  House  resume 
itself,  discharge  the  committee  of  the  whole,  and  refer 
the  bill  to  a  special  committee.  In  that  case,  the  amend- 
ments already  made  fall.  But  if  the  motion  fails,  the 
quasi-committee  stands  in  statu  quo. 

How  far  does  this  28th  rule  subject  the 
House,  when  in  quasi-committee,  to  the  laws 


74  QUA  SI-COMMITTEE. 

which  regulate  the  proceedings  of  committees  of 
the  whole?  The  particulars,  in  which  these 
differ  from  proceedings  in  the  House,  are  the 
following — 1.  In  a  committee,  every  member 
may  speak  as  often  as  he  pleases. — 2.  The 
votes  of  a  committee  may  be  rejected  or  altered 
when  reported  to  the  House. — 3.  A  committee, 
even  of  the  whole,  cannot  refer  any  matter  to 
another  committee. — 4.  In  a  committee,  no  pre- 
vious ^question  can  be  taken :  the  only  means  to 
avoid  an  improper  discussion,  is  to  move  that 
the  committee  rise :  and  if  it  be  apprehended 
that  the  same  discussion  will  be  attempted  on 
returning  into  committee,  the  House  can  dis- 
charge them,  and  proceed  itself  on  the  business, 
keeping  down  the  improper  discussion  by  the 
previous  question. — 5.  A  committee  cannot  pun- 
ish a  breach  of  order,  in  the  House,  or  in  the 
gallery. — 9  Grey,  113:  it  can  only  rise  and  re- 
port it  to  the  House,  who  may  proceed  to 
punish.  The  1st  and  2d  of  these  peculiarities 
attach  to  the  quasi-committee  of  the  Senate,  as 
every  day's  practice  proves ;  and  seem  to  be  the 
only  ones  to  which  the  28th  rule  meant  to  sub- 
ject them :  for  it  continues  to  be  a  House,  and 
therefore,  though  it  acts  in  some  respects  as  a 
committee,  in  others  it  preserves  its  character 
as  a  House. — Thus,  3d.  It  is  in  the  daily  habit 
of  referring  its  business  to  a  special  committee. 
—4th.  It  admits  the  previous  question :  if  it 
did  not,  it  would  have  no  means  of  preventing 
an  improper  discussion ;  not  being  able,  as  the 


,  SECOND  READING.  75 

committee  is,  to  avoid  it  by  returning  into  the 
House :  for  the  moment  it  would  resume  the 
same  subject  there,  the  20th  rule  declares  it 
again  a  quasi-committee. — 5th.  It  would  doubt- 
less exercise  its  powers  as  a  House  on  any 
breach  of  order. — 6th.  It  takes  a  question  by 
Yea  and  Nay,  as  the  House  does. — 7th.  It  re- 
ceives messages  from  the  President,  and  the 
other  House. — 8th.  In  the  midst  of  a  debate,  it 
receives  a  motion  to  adjourn,  and  adjourns  as  a 
House,  not  as  a  committee. 


SECTION  XXXI. 

BILL,  SECOND  READING  IN  THE  HOUSE. 

In  Parliament,  after  the  bill  has  been  read  a 
second  time,  if,  on  the  motion  and  question,  it 
be  not  committed,  or  if  no  proposition  for  com- 
mitment be  made,  the  Speaker  reads  it  by  para- 
graphs, pausing  between  each,  but  putting  no 
question  but  on  amendments  proposed ;  and  when 
through  the  whole,  he  puts  the  question,  Whether 
it  shall  be  read  a  third  time  ?  if  it  came  from  the 
other  House.  Or,  if  originating  with  them- 
selves, Whether  it  shall  be  engrossed  and  read  a 
third  time  ?  The  Speaker  reads  sitting,  but  rises 
to  put  a  question.  The  clerk  stands  while  he 
reads. 


76  BILL,  SECOND  READING. 

But  the  Senate  of  the  United  States  is  so  much  in  the 
habit  of  making  many  and  material  amendments  at  the 
third  reading1,  that  it  has  become  the  practice  not  to  en- 
gross a  bill  till  it  has  passed.  An  irregular  and  dangerous 
practice ;  because,  in  this  way,  the  paper  which  passes 
the  Senate  is  not  that  which  goes  to  the  other  House ; 
and  that  which  goes  to  the  other  House  as  the  act  of  the 
Senate,  has  never  been  seen  in  Senate.  In  reducing  nu- 
merous, difficult,  and  illegible  amendments  into  the 
text,  the  Secretary  may,  with  the  most  innocent  inten- 
tions, commit  errors,  which  can  never  again  be  cor- 
rected.* 

The  bill  being  now  as  perfect  as  its  friends 
can  make  it,  this  is  the  proper  stage  for  those, 
fundamentally  opposed,  to  make  their  first  at- 
tack. All  attempts  at  other  periods  are  with 
disjointed  efforts  ;  because  many  who  do  not  ex- 

*  This  difficulty  has  since  been  obviated  by  the  fol- 
lowng  Rule  of  the  Senate  : 

"  The  final  question,  upon  the  second  reading  of  every 
bill,  resolution,  constitutional  amendment,  or  motion,  ori- 
ginating in  the  Senate,  and  requiring  three  readings  pre- 
vious to  being  passed,  shall  be,  "  Whether  it  shall  be  en- 
grossed and  read  a  third  time  ?"  and  no  amendment 
shall  be  received  for  discussion  at  the  third  reading  of 
any  bill,  resolution,  amendment,  or  motion,  unless  by 
unanimous  consent  of  the  members  present:  but  it  shall 
at  all  times  be  in  order,  before  the  final  passage  of  any 
such  bill,  resolution,  constitutional  amendment,  or  mo- 
tion, to  move  its  commitment ;  and  should  such  commit- 
ment take  place,  and  any  amendment  be  reported  by  the 
committee,  the  said  bill,  resolution,  constitutional  amend- 
ment, or  motion,  shall  be  again  read  a  second  time,  and 
considered  as  in  committee  of  the  whole,  and  then  the 
aforesaid  question  shall  be  again  put." — Rule  29. 


BILL,  SECOND  READING.  77 

pect  to  be  in  favour  of  the  bill,  ultimately,  are 
willing  to  let  it  go  on  to  its  perfect  state,  to  take 
time  to  examine  it  themselves,  and  to  hear  what 
can  be  said  for  it;  knowing  that,  after  all,  they 
have  sufficient  opportunities  of  giving  it  their 
veto.  Its  two  last  stages,  therefore,  are  reserved 
for  this,  that  is  to  say,  on  the  question,  Whether 
it  shall  be  engrossed  and  read  a  third  time  ?  and 
lastly,  Whether  it  shall  pass  ?  The  first  of  these 
is  usually  the  most  interesting  contest ;  because 
then  the  whole  subject  is  new  and  engaging,  and 
the  minds  of  the  members  having  not  yet  been 
declared  by  any  trying  vote,  the  issue  is  the 
more  doubtful.  In  this  stage,  therefore,  is  the 
main  trial  of  strength  between  its  friends  and 
opponents ;  and  it  behoves  every  one  to  make 
up  his  mind  decisively  for  this  question,  or  he 
loses  the  main  battle  ;  and  accident  and  manage- 
ment may,  and  often  do,  prevent  a  successful 
rallying  on  the  next  and  last  question,  Whether 
it  shall  pass  ? 

When  the  bill  is  engrossed,  the  title  is  to  be 
endorsed  on  the  back,  and  not  within  the  bill.— 
Hakew.  250. 


78  READING   PAPERS. 


SECTION  XXXII. 

READING    PAPERS. 

Where  papers  are  laid  before  the  House,  or 
referred  to  a  committee,  every  member  has  a 
right  to  have  them  once  read  at  the  table,  before 
he  can  be  compelled  to  vote  on  them.  But  it  is 
a  great,  though  common  error,  to  suppose  that 
he  has  a  right,  toties  quoties.  to  have  acts,  jour- 
nals, accounts,  or  papers,  on  the  table,  read  in- 
dependently of  the  will  of  the  House.  The  de- 
lay and  interruption  which  this  might  be  made 
to  produce,  evince  the  impossibility  of  the  exist- 
ence of  such  a  right.  There  is  indeed  so  mani- 
fest a  propriety  of  permitting  every  member  to 
have  as  much  information  as  possible  on  every 
question  on  which  he  is  to  vote,  that  when  he 
desires  the  reading,  if  it  be  seen  that  it  is  really 
for  information,  and  not  for  delay,  the  Speaker 
directs  it  to  be  read  without  putting  a  question, 
if  no  one  objects.  But  if  objected  to,  a  question 
must  be  put.— 2  Hats.  117,  118. 

It  is  equally  an  error  to  suppose,  that  any 
member  has  a  right,  without  a  question  put,  to 
lay  a  book  or  paper  on  the  table,  and  have  it 
read,  on  suggesting  that  it  contains  matter  in- 
fringing on  the  privileges  of  the  House. — 2 
Hats.  117,  118. 

For  the  same  reason,  a  member  has  not  a  right 


PRIVILEGED  QUESTIONS.  79 

to  read  a  paper  in  his  place,  if  it  be  objected  to, 
without  leave  of  the  House.  But  this  rigour  is 
never  exercised  but  where  there  is  an  inten- 
tional or  gross  abuse  of  the  time  and  patience  of 
the  House. 

A  member  has  not  a  right  even  to  read  his 
own  speech,  committed  to  writing,  without  leave. 
This  also  is  to  prevent  an  abuse  of  time ;  and 
therefore  is  not  refused,  but  where  that  is  in- 
tended.— 2  Grey,  227. 

A  report  of  a  committee  of  the  Senate  on  a  bill 
from  the  House  of  Representatives  being  under 
consideration,  on  motion  that  the  report  of  the 
committee  of  the  House  of  Representatives  on 
the  same  bill  be  read  in  Senate,  it  passed  in  the 
negative. — Feb.  28,  1793. 

Formerly,  when  papers  were  referred  to  a 
committee,  they  used  to  be  first  read,  but  of  late, 
only  the  titles ;  unless  a  member  insists  they 
shall  be  read,  and  then  nobody  can  oppose  it. — 
2  Hats.  117. 


SECTION  XXXIII. 

PRIVILEGED  QUESTIONS. 

When  a  question  is  under  debate,  no  motion  shall  bo 
received  but  to  adjourn,  to  lie  on  the  table,  to  postpone 


80  PRIVILEGED  QUESTIONS. 

indefinitely,  to  postpone  to  a  day  certain,  to  commit,  or 
to  amend  ;  which  several  motions  shall  have  precedence 
in  the  order  they  stand  arranged,  and  the  motion  for  ad- 
journment shall  always  be  in  order,  and  be  decided 
without  debate. — Rule  11, 

When  a  question  is  under  debate,  no  motion  shall  be 
received  but  to  adjourn,  to  lie  on  the.  table,  for  the  pre- 
vious question,  to  postpone  to  a  day  certain,  to  commit 
or  amend,  to  postpone  indefinitely ;  which  several  mo- 
tions shall  have  precedence  in  the  order  in  which  they 
are  arranged :  and  no  motion  to  postpone  to  a  day  cer- 
tain, to  commit,  or  to  postpone  indefinitely,  being1  de- 
cided, shall  be  again  allowed  on  the  same  day,  and  at  the 
same  stage  of  the  bill  or  proposition.  A  motion  to  strike 
out  the  enacting  words  of  a  bill  shall  have  precedence  of 
a  motion  to  amend,  and,  if  carried,  shall  be  considered 
equivalent  to  its  rejection. — Rules  II.  R.  32. 

It  is  no  possession  of  a  bill,  unless  it  be  deliv- 
ered to  the  clerk  to  be  read,  or  tbe  Speaker 
reads  the  title. — Lex.  Parl.  274. — Elsynge, 
Mem.  85. — Ord.  House  Commons,  64. 

It  is  a  general  rule,  that  the  question  first 
moved  and  seconded  shall  be  first  put. — Scob. 
28.  22 — 2  Hats.  81.  But  this  rule  gives  way 
to  what  may  be  called  privileged  questions  ;  and 
the  privileged  questions  are  of  different  grades 
among  themselves. 

A  motion  to  adjourn,  simply  takes  place  of  all 
others  ;  for  otherwise  the  House  might  be  kept 
sitting  against  its  will,  and  indefinitely.  Yet  this 
motion  cannot  be  received  after  another  question 
is  actually  put,  and  while  the  House  is  engaged 
in  voting. 

Orders  of  the  day  take  place  of  all  other  ques- 


PRIVILEGED  QUESTIONS.  81 

tions,  except  for  adjournment.  That  is  to  say, 
the  question  which  is  the  subject  of  an  order, 
is  made  a  privileged  one,  pro  hac  vice.  The 
order  is  a  repeal  of  the  general  rule  as  to  this 
special  case.  When  any  member  moves,  there- 
fore, for  the  orders  of  the  day  to  be  read,  no  fur- 
ther debate  is  permitted  on  the  question  which 
was  before  the  House ;  for  if  the  debate  might 
proceed,  it  might  continue  through  the  day,  and 
defeat  the  order.  This  motion,  to  entitle  it  to 
precedence,  must  be  for  the  orders  generally, 
and  not  for  any  particular  one  ;  and  if  it  be  car- 
ried on  the  question,  "  Whether  the  House  will 
now  proceed  to  the  orders  of  the  day  ?"  they 
must  be  read  and  proceeded  on  in  the  course  in 
which  they  stand. — 2  Hats.  83.  For  priority 
of  order  gives  priority  of  right,  which  cannot 
be  taken  away  but  by  another  special  order. 

After  these  there  are  other  privileged  ques- 
tions, which  will  require  considerable  explana- 
tion. 

It  is  proper  that  every  Parliamentary  assembly 
should  have  certain  forms  of  question,  so  adapt- 
ed as  to  enable  them  fitly  to  dispose  of  every 
proposition  which  can  be  made  to  them.  Such 
are,  1.  The  previous  question  :  2.  To  postpone 
indefinitely  :  3.  To  adjourn  to  a  definite  day  : 
4.  To  lie  on  the  table  :  5.  To  commit :  6.  To 
amend.  The  proper  occasion  for  each  of  these 
questions  should  be  understood. 

1.  When  a  proposition  is  moved,  which  it  is 
useless  or  inexpedient  NOW  to  express  or  discuss, 


82  PKIVILEGED  QUESTIONS. 

the  previous  question  has  been  introduced  for 
suppressing,  for  that  time,  the  motion  and  its 
discussion. — 3  Hats.  188r  189. 

2.  But  as  the  previous  question  gets  rid  of  it 
only  for  that  day,  and  the  same  proposition  may- 
recur  the  next  day,  if  they  wish  to  suppress  it 
for  the  whole  of  that  session,  they  postpone  it 
indefinitely. — 3  Hats.  183.     This  quashes  the 
proposition  for  that  session,  as  an  indefinite  ad- 
journment is  a  dissolution,  or  the  continuance  of 
a  suit  sine  die  is  a  discontinuance  of  it. 

3.  When  a  motion  is  made  which  it  will  be 
proper  to  act  on,  but  information  is  wanted,  or 
something   more   pressing  claims    the    present 
time,  the  question  or  debate  is  adjourned  to 
such  a  day  within  the  session  as  will  answer  the 
views  of  the  House. — 2  Hats.  81.     And  those 
who  have  spoken  before,  may  not  speak  again 
when  the  adjourned  debate  is  resumed. — 2  Hats. 
73.     Sometimes,  however,  this  has  been  abu- 
sively used,  by  adjourning  it  to  a  day  beyond  the 
session,  to  get  rid  of  it  altogether,  as  would  be 
done  by  an  indefinite  postponement. 

4.  When  the  House  has  something  else  which 
claims  its  present  attention,  but  would  be  will- 
ing to  reserve  in  their  power  to  take  up  a  pro- 
position whenever  it  shall  suit  them,  they  order 
it  to  lie  on  their  table.  It  may  then  be  called  for 
at  any  time. 

5.  If  the  proposition  will  want  more  amend- 
ment and  digestion  than  the  formalities  of  the 


PRIVILEGED  QUESTIONS.  83 

House  will  conveniently  admit,  they  refer  it  to 
a  committee. 

6.  But  if  the  proposition  be  well  digested, 
and  may  need  but  few  and  simple  amendments, 
and  especially  if  these  be  of  leading  conse- 
quence, they  then  proceed  to  consider  and 
amend  it  themselves. 

The  Senate,  in  their  practice,  vary  from 
this  regular  gradation  of  forms.  Their  practice, 
comparatively  with  that  of  Parliament,  stands 
thus : 

For  the  Parliamentary,  The  Senate  uses, 

Postpmt.  indefinite— Postpmt.  to  a  day  beyond  the  session. 
Adjournment.  — Postpmt.  to  a  day  within  the 

[session. 

T    .  .,     ,  , ,     )  Postponement  indefinite. 

Lying  on  the  table,  f  Lyiijg  on  the  table< 

In  their  1 1th  Rule,  therefore,  which  declares, 
that  while  a  question  is  before  the  Senate,  no 
motion  shall  be  received,  unless  it  be  for  the  pre- 
vious question,  or  to  postpone,  commit  or  amend 
the  main  question,  the  term  postponement  must 
be  understood-  according  to  their  broad  use  of  it, 
and  not  in  its  Parliamentary  sense.  Their  rule 
then  establishes  as  privileged  questions,  the  pre- 
vious question,  postponement,  commitment,  and 
amendment. 

But  it  may  be  asked,  Have  these  questions 
any  privilege  among  themselves  ?  or  are  they  so 
equal  that  the  common  principle  of  the  "  first 
moved,  first  put,"  takes  place  among  them  ? 
This  will  need  explanation.  Their  competitions 
may  be  as  follow  : 


84  PRIVILEGED  QUESTIONS. 


In  the  1st,  2d,  and  3d 
classes,  and  the  1st  mem- 
ber of  the  4th  class,  the 
rule  "  first  moved,  first 
put,"  takes  place. 


1.  Prev.  Qu.  and  Postpone 

Commit 
Amend 

2.  Postpone  and  Prev.  Qu. 

Commit 
Amend 

3.  Commit  and  Prev.  Qu.  i 

Postpone  > 
Amend  3 

4.  Amend  and  Prev.  Qu.  J 

Postpone  > 
Commit  ) 

In  the  1st  class,  where  the  previous  question 
is  first  moved,  the  effect  is  peculiar.  For  it  not 
only  prevents  the  after  motion  to  postpone  or 
commit  from  being  put  to  question  before  it,  but 
also  from  being  put  after  it.  For  if  the  previous 
question  be  decided  affirmatively,  to  wit,  that 
the  main  question  shall  now  be  put,  it  would  of 
course  be  against  the  decision  to  postpone  or 
commit.  And  if  it  be  decided  negatively,  to  wit, 
that  the  main  question  shall  not  now  be  put,  this 
puts  the  House  out  of  possession  of  the  main 
question,  and  consequently,  there  is  nothing  be- 
fore them  to  postpone  or  commit.  So  that 
neither  voting  for  nor  against  the  previous  ques- 
tion, will  enable  the  advocates  for  postponing 
or  committing  to  get  at  their  object.  Whether  it 
may  be  amended,  shall  be  examined  hereafter. 

2d  Class — If  postponement  be  decided  affirm- 
atively, the  proposition  is  removed  from  before 
the  House,  and  consequently,  there  is  no  ground 
for  the  previous  question,  commitment  or  amend- 


PRIVILEGED  QUESTIONS.  85 

ment.  But,  if  decided  negatively,  that  it  shall 
not  be  postponed,  the  main  question  may  then 
be  suppressed  by  the  previous  question,  or  may 
be  committed  or  amended. 

The  3d  class  is  subject  to  the  same  observa- 
tions as  the  2d. 

The  4th  class — Amendment  of  the  main  ques- 
tion first  moved,  and  afterwards  the  previous 
question,  the  question  of  amendment  shall  be 
first  put. 

Amendment  and  postponement  competing, 
postponement  is  first  put,  as  the  equivalent  pro- 
position to  adjourn  the  main  question  would  be 
in  Parliament.  The  reason  is,  that  the  question 
for  amendment  is  not  suppressed  by  postponing 
or  adjourning  the  main  question,  but  remains 
before  the  House  whenever  the  main  question 
is  resumed :  and  it  might  be  that  the  occasion  for 
other  urgent  business  might  go  by,  and  be  lost 
by  length  of  debate  on  the  amendment,  if  the 
House  had  it  not  in  their  power  to  postpone  the 
whole  subject. 

Amendment  and  commitment.  The  question 
for  committing,  though  last  moved,  shall  be  first 
put :  because  in  truth  it  facilitates  and  befriends 
the  motion  to  amend.  Scobell  is  express — "  On 
a  motion  to  amend  a  bill,  any  one  may,  notwith- 
standing, move  to  commit  it,  and  the  question 
for  commitment  shall  be  first  put." — Scob.  46. 

We  have  hitherto  considered  the  case  of  two 
or  more  of  the  privileged  questions  contending 
for  privilege  between  themselves,  when  both 


86  PRIVILEGED  QUESTIONS. 

were  moved  on  the  original  or  main  question  ; 
but  now  let  us  suppose  one  of  them  to  be  mov- 
ed, not  on  the  original  primary  question,  but  on 
tbe  secondary  one,  e.  g. 

Suppose  a  motion  to  postpone,  commit,  or 
amend  the  main  question,  and  that  it  be  moved 
to  suppress  that  motion  by  putting  the  previous 
question  on  it.  This  is  not  allowed :  because 
it  would  embarrass  questions  too  much  to  allow 
them  to  be  piled  on  one  another  several  stories 
high ;  and  the  same  result  may  be  had  in  a  more 
simple  way,  by  deciding  against  the  postpone- 
ment, commitment,  or  amendment. — 2  Hats. 
81,  2,  3,  4. 

Suppose  a  motion  for  the  previous  question, 
or  commitment  or  amendment  of  the  main  ques- 
tion, and  that  it  be  then  moved  to  postpone  the 
motion  for  the  previous  question,  or  for  commit- 
ment or  amendment  of  the  main  question  :  1.  It 
would  be  absurd  to  postpone  the  previous  ques- 
tion, commitment,  or  amendment,  alone,  and 
thus  separate  the  appendage  from  its  principal : 
yet  it  must  be  postponed  separately  from  its 
original,  if  at  all :  because  the  8th  Rule  of  the 
Senate  says,  that  when  a  main  question  is  be- 
fore the  House,  no  motion  shall  be  received  but 
to  commit,  amend,  or  pre-question  the  original 
question ;  which  is  the  Parliamentary  doctrine  : 
therefore,  the  motion  to  postpone  the  secondary 
motion  for  the  previous  question,  or  for  commit- 
ting or  amending,  cannot  be  received :  2.  This 
is  a  piling  of  questions  one  on  another,  which, 


PRIVILEGED  QUESTIONS.  87 

to  avoid  embarrassment,  is  not  allowed  :  3.  The 
same  result  may  be  had  more  simply,  by  voting 
against  the  previous  question,  commitment,  or 
amendment. 

Suppose  a  commitment  moved,  of  a  motion 
for  the  previous  question,  or  to  postpone,  or 
amend. 

The  1st,  2d,  and  3d  reasons  before  stated,  all 
hold  good  against  this. 

Suppose  an  amendment  moved  to  a  motion  for 
the  previous  question  ?  Answer.:  The  previous 
question  cannot  be  amended.  Parliamentary 
usage  as  well  as  the  9th  Eule  of  the  Senate,  has 
fixed  its  form  to  be,  "  Shall  the  main  question 
be  now  put?"  i.  e.  at  this  instant.  And  as  the 
present  instant  is  but  one,  it  can  admit  of  no 
modification.  To  change  it  to  to-morrow,  or 
any  other  moment,  is  without  example,  and 
without  utility.  But  suppose  a  motion  to  amend 
a  motion  for  postponement,  as  to  one  day  in- 
stead of  another,  or  to  a  special  instead  of  in- 
definite time.  The  useful  character  of  amend- 
ment gives  it  a  privilege  of  attaching  itself  to  a 
secondary  and  privileged  motion.  That  is,  we 
may  amend  a  postponement  of  a  main  question. 
So  we  may  amend  a  commitment  of  a  main 
question,  as  by  adding,  for  example,  "  with  in- 
struction to  inquire,"  &c.  In  like  manner,  if  an 
amendment  be  moved  to  an  amendment,  it  is 
admitted.  But  it  would  not  be  admitted  in  an- 
other degree ;  to  wit,  to  amend  an  amendment 
to  an  amendment  of  a  main  question.  This 


88  PRIVILEGED  QUESTIONS. 

would  lead  to  too  much  embarrassment.  The 
line  must  be  drawn  somewhere ;  and  usage  has 
drawn  it  after  the  amendment  to  the  amend- 
ment. The  same  result  must  be  sought  by  de- 
ciding against  the  amendment  to  the  amend- 
ment, and  then  moving  it  again  as  it  was  wished 
to  be  amended.  In  this  form  it  becomes  only  an 
amendment  to  an  amendment. 

When  motions  are  made  for  reference  of  the  same 
subject  to  a  select  committee,  and  to  a  standing  com- 
mittee, the  question  on  reference  to  the  standing  com- 
mittee shall  be  first  put. — Rule  35. 

In  filling  a  blank  with  a  sum,  the  largest 
Sum  shall  be  first  put  to  the  question,  by  the 
13th  Rule  of  the  Senate,  contrary  to  the  rule  of 
Parliament,  which  privileges  the  smallest  sum 
and  longest  time. — 5  Grey,  179 — 2  Hats.  8. 
83— 3  Hats.  132,  133. — And  this  is  considered 
to  be  not  in  the  form  of  an  amendment  to  the 
question ;  but  as  alternative,  or  successive  origi- 
nals. In  all  cases  of  time  or  number,  we  must 
consider  whether  the  larger  comprehends  the 
lesser,  as  in  a  question  to  what  day  a  postpone- 
ment shall  be,  the  number  of  a  committee, 
amount  of  a  fine,  term  of  an  imprisonment,  term 
of  irredeemability  of  a  loan,  or  the  terminus  in 
quern  in  any  other  case.  Then  the  question 
must  begin  a  maximo.  Or  whether  the  lesser 
includs  the  greater,  as  in  question  on  the  limi- 
tation of  the  rate  of  interest,  on  what  day  the 
session  shall  be  closed  by  adjournment,  on 
what  day  the  next  shall  commence,  when  an 


PRIVILEGED  QUESTIONS.  89 

act  shall  commence  or  the  terminus  a  quo  in 
any  other  case,  where  the  question  must  begin 
a  minimo.  The  object  being  not  to  begin  at 
that  extreme,  which,  and  more,  being  within 
every  man's  wish,  no  one  could  negative  it,  and 
yet,  if  we  should  vote  in  the  affirmative,  every 
question  for  more  would  be  precluded ;  but  at 
that  extreme  which  would  unite  few,  and  then 
to  advance  or  recede  till  you  get  to  a  number 
which  will  unite  a  bare  majority. — 3  Grey,  376. 
384,  385.  "  The  fair  question  in  this  case  is 
not  that  to  which  and  more  all  will  agree, 
whether  there  shall  be  addition  to  the  question." 
1  Grey,  365. 

Another  exception  to  the  rule  of  priority  is, 
when  a  motion  has  been  made  to  strike  out  or 
agree  to  a  paragraph.  Motions  to  amend  it  are 
to  be  put  to  the  question,  before  a  vote  is  taken 
on  striking  out,  or  agreeing  to  the  whole  para- 
graph. 

But  there  are  several  questions,  which,  being 
incidental  to  every  one,  will  take  place  of  every 
one,  privileged  or  not ;  to  wit,  a  question  of  or- 
der arising  out  of  any  other  question,  must  be 
decided  before  that  question. — 2  Hats.  88. 

A  matter  of  privilege  arising  out  of  any  ques- 
tion, or  from  a  quarrel  between  two  members, 
or  any  other  cause,  supersedes  the  consideration 
of  the  original  question,  and  must  be  first  dis- 
posed of. — 2  Hats.  88. 

Reading  papers  relative  to  the  question  before 


90  PREVIOUS  QUESTION. 

the  House.     This  question  must  be  put  *before 
the  principal  one. — 2  Hats.  88. 

Leave  asked  to  withdraw  a  motion.  The  rule 
Of  Parliament  being,  that  a  motion  made  and 
seconded  is  in  possession  of  the  House,  and 
cannot  be  withdrawn  without  leave,  the  very 
terms  of  the  rule  imply  that  leave  may  be  given, 
and  consequently,  may  be  asked  and  put  to  the 
question. 


SECTION  XXXIV. 

THE  PREVIOUS  QUESTION. 

When  any  question  is  before  the  House, 
any  member  may  move  a  previous  question, 
"  Whether  that  question  (called  the  main  ques- 
tion) shall  now  be  put?"  If  it  pass  in  the  af- 
firmative, then  the  main  question  is  to  be  put 
immediately,  and  no  man  may  speak  any  thing 
further  to  it,  either  to  add  or  alter. — Memor.  in 
Hakeiv.  28—4  Grey,  27. 

The  previous  question  being-  moved  and  seconded,  the 
question  from  the  chair  shall  be,  "  Shall  the  main  ques- 
tion be  now  put  ?"  and  if  the  nays  prevail,  the  main 
question  shall  not  then  be  put. — Rule  9. 

This  kind  of  question  is  understood  by  Mr. 
Hatsell  to  have  been  introduced  in  1604. — 3 


PREVIOUS  QUESTION.  91 

Hats.  80,  Sir  Henry  Vane  introduced  it. — 2 
Grey,  113,  114—3  Grey,  384.  When  the 
question  was  put  in  this  form,  "  Shall  the  main 
question  be  put?"  A  determination  in  the  nega- 
tive suppressed  the  main  question  during  the 
session ;  but  since  the  words  "  now  put"  are 
used,  they  exclude  it  for  the  present  only.  For- 
merly indeed,  only  till  the  present  debate  was 
over ;  4  Grey,  43  ;  but  now  for  that  day  and  no 
longer. — 2  Grey,  113,  114. 

Before  the  question,  "Whether  the  main 
question  shall  now  be  put?"  any  person  might 
formerly  have  spoken  to  the  main  question,  be- 
cause otherwise  he  would  be  precluded  from 
speaking  to  it  at  all. — Mem.  in  Hakew.  28. 

The  proper  occasion  for  the  previous  question, 
is  when  a  subject  is  brought  forward  of  a  deli- 
cate nature  as  to  high  personages,  &c.,  or  the 
discussions  of  which  may  call  forth  observa- 
tions, which  might  be  of  injurious  consequences. 
Then  the  previous  question  is  proposed,  and, 
in  the  modern  usage,  the  discussion  of  the  main 
question  is  suspended,  and  the  debate  confined 
to  the  previous  question.  The  use  of  it  has 
been  extended  abusively  to  other  cases  :  but  in 
these,  it  is  an  embarrassing  procedure  :  its  uses 
would  be  as  well  answered  by  other  more  sim- 
ple Parliamentary  forms,  and  therefore  it  should 
not  be  favoured,  but  restricted  within  as  narrow 
limits  as  possible. 

Whether  a  main  question  may  be  amended 
after  the  previous  question  on  it  has  been  mov- 


92  PREVIOUS  QUESTION. 

ed  and  seconded  ? — 2  Hatsell,  88,  says,  If  the 
previous  question  has  been  moved  and  second- 
ed, and  also  proposed  from  the  chair,  (by  which 
he  means,  stated  by  the  Speaker  for  debate,)  it 
has  been  doubted  whether  an  amendment  can 
be  admitted  to  the  main  question.  He  thinks  it 
may,  after  the  previous  question  moved  and  se- 
conded ;  but  not  after  it  has  been  proposed  from 
the  chair. 

In  this  case  he  thinks  the  friends  to  the  amend- 
ment must  vote  that  the  main  question  be  not 
now  put ;  and  then  move  their  amended  ques- 
tion, which  being  made  new  by  the  amendment, 
is  no  longer  the  same  which  has  been  just  sup- 
pressed, and  therefore  may  be  proposed  as  a 
new  one.  But  this  proceeding  certainly  endan- 
gers the  main  question,  by  dividing  its  friends, 
some  of  whom  may  choose  it  unamended,  rather 
than  lose  it  altogether ;  while  others  of  them 
may  vote,  as  Hatsell  advises,  that  the  main 
question  be  not  now  put,  with  a  view  to  move 
it  again  in  an  amended  form.  The  enemies  of 
the  main  question,  by  this  manoeuvre  to  the 
previous  question,  get  the  enemies  to  the  amend- 
ment added  to  them  on  the  first  vote,  and  throw 
the  friends  of  the  main  question  under  the  em- 
barrassment of  rallying  again  as  they  can.  To 
support  his  opinion,  too,  he  makes  the  deciding 
circumstance,  whether  an  amendment  may  or 
may  not  be  made,  to  be,  that  the  previous  ques- 
tion has  been  proposed  from  the  chair.  But  as 
the  rule  is,  that  the  House  is  in  possession  of  a 


PREVIOUS  QUESTION.  93 

question  as  soon  as  it  is  moved  and  seconded,  it 
cannot  be  more  than  possessed  of  it  by  its  being 
also  proposed  from  the  chair.  It  may  be  said, 
indeed,  that  the  object  of  the  previous  question 
being  to  get  rid  of  a  question,  which  it  is  not 
expedient  should  be  discussed,  this  object  may 
be  defeated  by  moving  to  amend,  and,  in  the 
discussion  of  that  motion,  involving  the  subject 
of  the  main  question.  But  so  may  the  object  of 
the  previous  question  be  defeated  by  moving  the 
amended  question,  as  Mr.  Hatsell  proposes, 
after  the  decision  against  putting  the  original 
question.  He  acknowledges,  too,  that  the  prac- 
tice has  been  to  admit  previous  amendment,  and 
only  cites  a  few  late  instances  to  the  contrary. 
On  the  whole,  I  should  think  it  best  to  decide 
it  ab  inconvenienti ;  to  wit,  Which  is  most  in- 
convenient, to  put  it  in  the  power  of  one  side  of 
the  House  to  defeat  a  proposition  by  hastily 
moving  the  previous  question,  and  thus  forcing 
the  main  question  to  be  put  unamended?  or  to 
put  it  in  the  power  of  the  other  side  to  force  on, 
incidentally  at  least,  a  discussion  which  would 
be  better  avoided  ?  Perhaps  the  last  is  the  least 
inconvenience ;  inasmuch  as  the  Speaker,  by 
confining  the  discussion  rigorously  to  the  amend- 
ment only,  may  prevent  their  going  into  the  main 
question ;  and  inasmuch  also  as  so  great  a  pro- 
portion of  the  cases,  in  which  the  previous  ques- 
tion is  called  for,  are  fair  and  proper  subjects  of 
public  discussion,  and  ought  not  to  be  obstructed 
by  a  formality  introduced  for  questions  of  a  pe- 
culiar character. 


94  AMENDMENTS. 

SECTION  XXXV. 

AMENDMENTS. 

On  an  amendment  being  moved,  a  member 
who  has  spoken  to  the  main  question  may  speak 
again  to  the  amendment. — Scob.  23. 

If  an  amendment  be  proposed  inconsistent 
with  one  already  agreed  to,  it  is  a  fit  ground  for 
its  rejection  by  the  House ;  but  not  within  the 
competence  of  the  Speaker  to  suppress,  as  if  it 
were  against  order.  For,  were  he  permitted  to 
draw  questions  of  consistence  within  the  vortex 
of  order,  he  might  usurp  a  negative  on  import- 
ant modifications,  and  suppress,  instead  of  sub- 
serving, the  legislative  will. 

Amendments  may  be  made  so  as  totally  to 
alter  the  nature  of  the  proposition ;  and  it  is  a 
way  of  getting  rid  of  a  proposition,  by  making 
it  bear  a  sense  different  from  what  was  intended 
by  the  movers,  so  that  they  vote  against  it  them- 
selves.—2  Hats.  79.  4.  82.  84.  A  new  bill  may 
be  ingrafted,  by  way  of  amendment,  on  the 
words,  "  Be  it  enacted,"  &c. — 1  Grey,  190. 192. 

If  it  be  proposed  to  amend  by  leaving  out  cer- 
tain words,  it  may  be  moved  as  an  amendment  to 
this  amendment  to  leave  out  a  part  of  the  words 
of  the  amendment,  which  is  equivalent  to  leav- 
ing them  in  the  bill.— 2  Hats.  80.  9.  The  Par- 
liamentary question  is  always,  Whether  the 
words  shall  stand  part  of  the  bill  ? 


AMENDMENTS. 

When  it  is  proposed  to  amend  by  inserting  a 
paragraph,  or  part  of  one,  the  friends  of  the  para- 
graph may  make  it  as  perfect  as  they  can,  by 
amendments,  before  the  question  is  put  for  in- 
serting it.  If  it  be  received,  it  cannot  be  amend- 
ed afterwards,  in  the  same  stage,  because  the 
House  has,  on  a  vote,  agreed  to  it  in  that  form. 
In  like  manner,  if  it  is  proposed  to  amend  by 
striking  out  a  paragraph,  the  friends  of  a  para- 
graph are  first  to  make  it  as  perfect  as  they  can 
by  amendments,  before  the  question  is  put  for 
striking  it  out.  If,  on  the  question,  it  be  retain- 
ed, it  cannot  be  amended  afterwards  :  because  a 
vote  against  striking  out  is  equivalent  to  a  vote 
agreeing  to  in  that  form. 

When  it  is  moved  to  amend,  by  striking  out 
certain  words  and  inserting  others,  the  manner 
of  stating  the  question  is,  first  to  read  the  whole 
passage  to  be  amended,  as  it  stands  at  present ; 
then  the  words  proposed  to  be  struck  out :  next 
those  to  be  inserted;  and,  lastly,  the  whole  pass- 
age, as  it  will  be  when  amended.  And  the 
question,  if  desired,  is  then  to  be  divided,  and 
put  first  on  striking  out.  If  carried,  it  is  next  on 
inserting  the  words  proposed.  If  that  be  lost,  it 
may  be  moved  to  insert  others.— 2  Hats.  80.  7. 

A  motion  is  made  to  amend  by  striking  out 
certain  words,  and  inserting  others  in  their  place, 
which  is  negatived.  Then  it  is  moved  to  strike 
out  the  same  words,  and  to  insert  others  of  a  tenor 
entirely  different  from  those  first  proposed.  It 
negatived.  Then  it  is  moved  to  strike  out  the 


96  AMENDMENTS. 

same  words,  and  to  insert  "others  of  a  tenor 
entirely  different  from  those  first  proposed.  It 
is  negatived.  Then  it  is  moved  to  strike  out  the 
same  words  and  insert  nothing1,  which  is  agreed 
to.  All  this  is  admissible  ;  because  to  stike  out 
and  insert  A,  is  one  proposition.  To  strike  out 
and  insert  B,  is  a  different  proposition.  And  to 
strike  out  and  insert  nothing,  is  still  different. 
And  the  rejection  of  one  proposition  does  not 
preclude  the  offering  a  different  one.  Nor  would 
it  change  the  case,  were  the  first  motion  divided 
by  putting  the  question  first  on  striking  out,  and 
that  negatived.  For  as  putting  the  whole  mo- 
tion to  the  quesiton  at  once  would  not  have  pre- 
cluded, the  putting  the  half  of  it,  cannot  do  it.* 
But  if  it  had  been  carried  affirmatively  to  strike 
out  the  words  and  to  insert  A,  it  could  not  after- 
wards be  permitted  to  strike  out  A  and  insert  B. 
The  mover  of  B  should  have  notified,  while  the 
insertion  of  A  was  under  debate,  that  he  would 
move  to  insert  B.  In  which  case,  those  who 
preferred  it  would  join  in  rejecting  A. 

*  In  the  case  of  a  division  of  the  question,  and  a  de- 
cision against  striking-  out,  I  advance,  doubtingly  ,the 
opinion  here  expressed.  I  find  no  authority  either  way  ; 
and  I  know  it  may  be  viewed  under  a  different  aspect. 
It  may  be  thought,  that  having-  decided  separately  not  to 
strike  out  the  passage,  the  same  question  for  striking-  out 
cannot  be  put  over  again,  though  with  a  view  to  a  differ- 
ent insertion.  Still  I  think  it  more  reasonable  and  con- 
venient to  consider  the  striking  out,  and  insertion,  as 
forming  one  proposition  ;  but  should  readily  yield  to  any 
evidence  that  the  contrary  is  the  practice  in  Parliament. 


AMENDMENTS.  97 

After  A  is  inserted,  however,  it  may  be  moved 
to  strike  out  a  portion  of  the  original  paragraph, 
comprehending  A,  provided  the  coherence  to  be 
struck  out  be  so  substantial  as  to  make  this  effec- 
tively a  different  proposition.  For  then  it  is  re- 
solved into  the  common  case  of  striking  out  a 
paragraph  after  amending  it.  Nor  does  any  thing 
forbid  a  new  insertion,  instead  of  A  and  its  co- 
herence. 

In  Senate,  January  25,  1798,  a  motion  to 
postpone  until  the  second  Tuesday  in  February, 
some  amendments  proposed  to  the  Constitution. 
The  words,  <  until  the  second  Tuesday  in  Feb- 
ruary,' were  struck  out  by  way  of  amendment. 
Then  it  was  moved  to  add,  «  until  the  first  day 
of  June.'  Objected,  that  it  was  not  in  order,  as 
the  question  should  first  be  put  on  the  longest 
time  ;  therefore,  a  shorter  time  decided  against, 
a  longer  cannot  be  put  to  question.  It  was  an- 
swered, that  this  rule  takes  place  only  in  filling 
blanks  for  time.  But  when  a  specific  time 
stands  part  of  a  motion,  that  maybe  struck  out 
as  well  as  any  other  part  of  the  motion ;  and 
when  struck  out  a  motion  may  be  received  to  in- 
sert any  other.  In  fact,  it  is  not  till  they  are 
struck  out,  and  a  blank  for  the  time  thereby  pro- 
duced, that  the  rule  can  begin  to  operate,  by  re- 
ceiving all  the  propositions  for  different  times, 
and  putting  the  questions  successively  on  the 
longest.  Otherwise,  it  would  be  in  the  power 
of  the  mover,  by  inserting  originally  a  short  time, 
to  preclude  the  possibility  of  a  longer.  For,  till 


98  AMENDMENTS. 

the  short  time  is  struck  out,  you  cannot  insert  a 
longer ;  and  if,  after  it  is  struck  out,  you  cannot 
do  it,  then  it  cannot  be  done  at  all.  Suppose 
the  first  motion  had  been  to  amend  by  striking 
out  *  the  second  Tuesday  in  February,'  and  in- 
serting instead  thereof,  '  the  first  of  June.' 
It  would  have  been  regular  then  to  divide  the 
question,  by  proposing  first  the  question  to  strike 
out,  and  then  that  to  insert.  Now  this  is  pre- 
cisely the  effect  of  the  present  proceeding ;  only 
instead  of  one  motion  and  two  questions,  there 
are  two  motions  and  two  questions,  to  effect  it : 
the  motion  being  divided  as  well  as  the  ques- 
tion. 

When  tke  matter  contained  in  two  bills  might 
be  better  put  into  one,  the  manner  is  to  reject  the 
one,  and  incorporate  its  matter  into  another  bill 
by  way  of  amendment.  So,  if  the  matter  of  one 
bill  would  be  better  distributed  into  two,  any 
part  may  be  struck  out  by  way  of  amendment, 
and  put  into  a  new  bill.  If  a  section  is  to  be 
transposed,  a  question  must  be  put  on  striking  it 
out  where  it  stands,  and  another  for  inserting  it 
in  the  place  desired. 

A  bill  passed  by  the  one  House,  with  blanks. 
These  may  be  filled  up  by  the  other,  by  way  of 
amendments,  returned  to  the  first,  as  such,  and 
passed — 3  Hats.  83. 

The  number  prefixed  to  the  section  of  a  bill 
being  merely  a  marginal  indication,  and  no  part 
of  the  text  of  the  bill,  the  clerk  regulates  that ; 
the  Hojise  or  committee  is  only  to  amend  the 
text. 


DIVISION  OF  THE  QUESTION.  99 

SECTION  XXXVI. 

DIVISION  OF  THE  QUESTION. 

If  a  question  contain  more  parts  than  one,  it 
may  be  divided  into  two  or  more  questions — 
Mem.  in  Hakew.  29.  But  not  as  the  right  of 
an  individual  member,  but  with  the  consent  of 
the  House.  For  who  is  to  decide  whether  a 
question  is  complicated  or  not  ?  where  it  is  com- 
plicated ?  into  how  many  propositions  it  may  be 
divided?  The  fact  is,  that  the  only  mode  of 
separating  a  complicated  question  is  by  moving 
amendments  to  it;  and  these  must  be  decided 
by  the  House  on  a  question,  unless  the  House 
orders  it  to  be  divided :  as  on  the  question,  Dec. 
2,  1640,  making  void  the  election  of  the  Knights 
for  Worcester,  on  a  motion  it  was  resolved  to 
make  two  questions  of  it,  to  wit,  one  on  each 
Knight. — 2  Hats.  85,  86.  So,  wherever  there 
are  several  names  in  a  question,  they  may  be 
divided  and  put  one  by  one. — 9  Grey,  444.  So, 
1729,  April  17,  on  an  objection  that  a  question 
was  complicated,  it  was  separated  by  amend- 
ment.—2  Hats.  79.  5. 

The  soundness  of  these  observations  will  be  evident 
from  the  embarrassments  produced  by  the  12th  rule  of 
the  Senate,  which  says,  •  If  the  question  in  debate  con- 
tain  several  points,  any  member  may  have  the  same  di- 
vided :'  but,  on  a  motion  to  strike  out  and  insert,  it  shall 
not  be  in  order  to  move  for  a  division  of  the  question  ; 
but  the  rejection  of  a  motion  to  strike  out  and  insert 


1 00  DIVISION  OF  THE  QUESTION. 

one  proposition  shall  not  prevent  a  motion  to  strike  out 
and  insert  a  different  proposition,  nor  prevent  a  subse- 
quent motion,  simply  to  strike  out :  nor  shall  the  rejec- 
tion of  a  motion,  simply  to  strike  out,  prevent  a  subse- 
quent motion  to  strike  out  and  insert. 

1798,  May  30,  the  alien  bill  in  quasi-commit- 
tee.  To  a  section  and  proviso  in  the  original, 
had  been  added  two  new  provisos  by  way  of 
amendment.  On  a  motion  to  strike  out  the  sec- 
tion as  amended,  the  question  was  desired  to  be 
divided.  To  do  this,  it  must  be  put  first  on 
striking  out  either  the  former  proviso,  or  some 
distinct  member  of  the  section.  But  when  no- 
thing remains  but  the  last  member  of  the  section, 
and  the  provisos,  they  cannot  be  divided  so  as  to 
put  the  last  member  to  question  by  itself;  for 
the  provisos  might  thus  be  left  standing  alone  as 
exceptions  to  a  rule  when  the  rule  is  taken 
away ;  or  the  new  provisos  might  be  left  to  a 
second  question,  after  having  been  decided  on 
once  before  at  the  same  reading ;  which  is  con- 
trary to  rule.  But  the  question  must  be  on  strik- 
ing out  the  last  member  of  the  section  as  amend- 
ed. This  sweeps  away  the  exceptions  with 
the  rule,  and  relieves  from  inconsistence.  A 
question  to  be  divisible,  must  comprehend  points 
so  distinct  and  entire,  that  one  of  them  being 
taken  away,  the  other  may  stand  entire.  But  a 
proviso  or  exception,  with  an  enacting  clause, 
does  not  contain  an  entire  point  or  proposi- 
tion. 

May  31.     The  same  bill  being  before  the  Se- 
nate.    There  was  a  proviso,  that  the  bill  should 


DIVISION  OF  THE  QUESTION,  101 

not  extend,  1.  To  any  foreign  minister;  nor  2. 
To  any  person  to  whom  the  President  should 
give  a  passport;  nor  3.  To  any  alien  merchant, 
conforming  himself  to  such  regulations  as  the 
President  shall  prescribe ;  and  division  of  the 
question  into  its  simplest  elements  was  called 
for.  It  was  divided  into  four  parts,  the  4th  tak- 
ing in  the  words,  '  conforming  himself,'  &c.  It 
was  objected,  that  the  words  *  any  alien  mer- 
chant' could  not  be  separated  from  their  modify- 
ing words,  '  conforming,'  &c.,  because  these 
words,  if  left  by  themselves,  contain  no  substan- 
tive idea,  will  make  no  sense.  But  admitting 
that  the  divisions  of  a  paragraph  into  separate 
questions  must  be  so  made  as  that  each  part  may 
stand  by  itself,  yet  the  House  having,  on  the 
question,  retained  the  two  first  divisions,  the 
words,  '  any  alien  merchant,'  may  be  struck 
out,  and  their  modifying  words  will  then  attach 
themselves  to  the  proceeding  description  of  per- 
sons, and  become  a  modification  of  that  descrip- 
tion. 

When  a  question  is  divided,  after  the  question 
on  the  first  member,  the  2d  is  open  to  debate  and 
amendment :  because  it  is  a  known  rule,  that  a 
person  may  rise  and  speak  at  any  time  before 
the  question  has  been  completely  decided,  by 
putting  the  negative,  as  well  as  the  affirmative 
side.  But  the  question  is  not  completely  put 
when  the  vote  has  been  taken  on  the  first  mem- 
ber only.  One  half  of  the  question,  both  af- 
firmative and  negative,  still  remains  to  be  put.— 


102  CO-EXISTING  QUESTIONS. 

See  Executive  Journ.  June.  25,   1795.     The 
same  decision  by  President  Adams. 


SECTION  XXXVII. 

CO-EXISTING  QUESTIONS. 

It  may  be  asked,  whether  the  House  can  be 
in  possession  of  two  motions  or  propositions  at 
the  same  time  ?  So  that,  one  of  them  being  de- 
cided, the  other  goes  to  question  without  being 
moved  anew  ?  The  answer  must  be  special. 
When  a  question  is  interrupted  by  a  vote  of  ad- 
journment, it  is  thereby  removed  from  before 
the  House ;  and  does  not  stand  ipso  facto  before 
them  at  their  next  meeting,  but  must  come  for- 
ward in  the  usual  way :  So,  when  it  is  inter- 
rupted by  the  order  of  the  day.  Such  other  pri- 
vileged questions  also  as  dispose  of  the  main 
question  (e.  g.  the  previous  question,  postpone- 
ment, or  commitment)  remove  it  from  before  the 
House.  But  it  is  only  suspended  by  a  motion 
to  amend,  to  withdraw,  to  read  papers,  or  by  a 
question  of  order  or  privilege,  and  stands  again 
before  the  House  when  these  are  decided.  None 
but  the  class  of  privileged  questions  can  be 
brought  forward  while  there  is  another  question 
before  the  House ;  the  rule  being,  that  when  a 


EQUIVALENT  QUESTIONS.  103 

motion  has  been  made  and  seconded,  no  other 
can  be  received  except  it  be  a  privileged  one. 


SECTION  XXXVIIL 

EQUIVALENT  QUESTIONS* 

If,  on  a  question  for  rejection,  a  bill  be  retain- 
ed, it  passes  of  course  to  its  next  reading.-— 
Hakew.  141. — Scob.  42,  and  a  question  for  a 
second  reading  determined  negatively,  is  a  re- 
jection without  farther  question. — 4  Grey,  149. 
And  see  Elsynge*s  Memor.  42,  in  what  cases 
questions  are  to  be  taken  for  rejection. 

Where  questions  are  perfectly  equivalent,  so 
that  the  negative  of  the  one  amounts  to  the  affir- 
mative of  the  other,  and  leaves  no  other  alterna- 
tive, the  decision  of  the  one  concludes  necessa- 
rily the  other. — 4  Grey,  157.  Thus  the  nega- 
tive of  striking  out  amounts  to  the  affirmative  of 
agreeing;  and  therefore  to  put  a  question  on 
agreeing  after  that  on  striking  out,  would  be  to 
put  the  same  question  in  effect  twice  over.  Not 
so  in  questions  of  amendments  between  the  two 
Houses.  A  motion  to  recede  being  negatived, 
does  not  amount  to  a  positive  vote  to  insist, 
because  there  is  another  alternative,  to  wit,  to 
adhere. 


104  EQUIVALENT  QUESTIONS. 

A  bill  originating  in  one  House,  is  passed  by 
the  other  with  an  amendment.    A  motion  in  the 
originating  House,  to  agree  to  the  amendment  is 
negatived.     Does  these  result  from  this  vote  of 
disagreement?  or  must  the  question  on  disa- 
greement be  expressly  voted  ?     The  questions 
respecting   amendments   from   another  House, 
are  1st.  To  agree  ;  2d.  Disagree  ;  3d.  Recede  ; 
4th.  Insist ;  5th.  Adhere. 
1st.  To  agree.      }      Either  of  these  concluded 
2d.  To  disagree.  5  the  other  necessarily,  for  the 
positive  of  either  exactly  the  equiv- 
alent of  the  negative  of  the  other, 
and  no  other  alternative   remains. 
On  either  motion,  amendments  to 
the  amendment  may  be  proposed ; 
e.  g.  if  it  be  moved  to  disagree, 
those  who  are  for  the  amendment 
have  a  right  to  propose  amendments, 
and  to  make  it  as  perfect  as  they 
can,  before  the  question  of  disagree- 
ing is  put. 

3d.  To  recede.     You  may  then  either  insist 

or  adhere. 

4th.  To  insist.     You  may  then  either  recede 

or  adhere. 

5th.  To  adhere.  You  may  then  either  recede 

or  insist.^ 
Consequently,  the  negative  of  these 
is  not  equivalent  to  a  positive  vote 
the  other  way.  It  does  not  raise 
so  necessary  an  implication  as  may 


THE  QUESTION.  105 

authorize  the  Secretary  by  infer- 
ence to  enter  another  vote :  for  two 
alternatives  still  remain,  either  of 
which  may  be  adopted  by  the 
House. 


SECTION  XXXIX. 

THE  QUESTION. 

The  question  is  to  be  put  first  on  the  affirma- 
tive, and  then  on  the  negative  side. 

After  the  Speaker  has  put  the  affirmative  part 
of  the  question,  any  member  who  has  not 
spoken  before  the  question,  may  rise  and  speak 
before  the  negative  be  put.  Because  it  is  no 
full  question  till  the  negative  part  be  put. — Scob. 
23 — Hats.  73. 

But  in  small  matters,  and  which  are  of  course, 
such  as  receiving  petitions,  reports,  withdraw- 
ing motions,  reading  papers,  &c.  the  Speaker 
most  commonly  supposes  the  consent  of  the 
House,  where  no  objection  is  expressed,  and 
does  not  give  them  the  trouble  of  putting  the 
question  formally. — Scob.  22 — 2  Hats.  87.  2. 
87—5  Grey,  129—9  Grey,  301. 


106  BILLS,  THIRD  READING. 

SECTION  XL. 

BILLS,  THIRD  READING. 

To  prevent  bills  from  being  passed  by  sur- 
prise, the  House,  by  a  standing  order,  directs 
that  they  shall  not  be  put  on  their  passage  before 
a  fixed  hour,  naming  one  at  which  the  House  is 
commonly  full.  Hakew.  153. 

The  usage  df  the  Senate  is,  not  to  put  bills  on  their 
passage  till  noon. 

A  bill  reported  and  passed  to  the  third  read- 
ing, cannot  on  that  day  be  read  the  third  time 
and  passed.  Because  this  would  be  to  pass  on 
two  readings  on  the  same  day.  At  the  third 
reading,  the  clerk  reads  the  bill,  and  delivers  it 
to  the  Speaker,  who  states  the  title,  that  it  is  the 
third  time  of  reading  the  bill,  and  that  the  ques- 
tion will  be,  Whether  it  shall  pass  ?  Formerly, 
the  Speaker,  or  those  who  prepared  a  bill,  pre- 
pared also  a  breviate  or  summary  statement  of 
its  contents,  which  the  Speaker  read  when  he 
declared  the  state  of  the  bill  at  the  several  read- 
ings. Sometimes,  however,  he  read  the  bill 
itself,  especially  on  its  passage. — Hakew.  136, 
137.  153—  Coke,  22.  115.  Latterly,  instead  of 
this,  he,  at  the  third  reading,  states  the  whole 
contents  of  the  bill,  verbatim  ;  only  instead  of 
reading  the  formal  parts,  4  Be  it  enacted,'  &c. 
he  states,  that '  the  preamble  recites  so  and  so ; 


BILLS,  THIRD  READING.  107 

the  1st  section  enacts,  that,  &c.  the  second  sec- 
tion enacts,'  &c. 

But  in  the  Senate  of  the  United  States,  both  of  these 
formalities  are  dispensed  with ;  the  breviate  presenting 
but  an  imperfect  view  of  the  bill,  and  being-  capable  of 
being  made  to  present  a  false  one;  and  the  full  state- 
ment being-  an  useless  waste  of  time,  immediately  after 
a  full  reading  by  the  clerk ;  and  especially  as  every 
member  has  a  printed  copy  in  his  hand. 

A  bill,  on  the  third  reading,  is  not  to  be  com- 
mitted for  the  matter  or  body  thereof:  but,  to 
receive  some  particular  clause  or  proviso,  it 
hath  been  sometimes  suffered,  but  as  a  thing 
very  unusual. — Hakew.  156 ;  thus,  27  EL  1584, 
a  bill  was  committed  on  the  third  reading,  hav- 
ing been  formerly  committed  on  the  second ; 
but  is  declared  not  usual. — If  Ewes,  137,  col. 
2.  414,  col  2. 

When  an  essential  provision  has  been  omit- 
ted, rather  than  erase  the  bill,  and  render  it  sus- 
picious, they  add  a  clause  on  a  separate  paper, 
engrossed  and  called  a  rider,  which  is  read,  and 
put  to  the  question  three  times. — Elsynge's  Me- 
morials, 59—6  Grey,  335 — 1  Blackst.  183. 
For  examples  of  riders,  see  3  Hats.  121,  122, 
124.  126.  Every  one  is  at  liberty  to  bring  in  a 
rider  without  asking  leave. — 10  Grey,  52. 

It  is  laid  down  as  a  general  rule,  that  amend- 
ments proposed  at  the  second  reading  shall  be 
twice  read,  and  those  proposed  at  the  third 
reading  thrice  read;  as  also  all  amendment* 


108  BILLS,  THIRD  READING. 

from  the  other  house. — Town.  col.  19,  23,  24, 
25,  26,  27,  28. 

It  is  with  great,  and  almost  with  invincible 
reluctance,  that  amendments  are  admitted  at  this 
reading,  which  occasion  erasures  or  interlinea- 
tions. Sometimes  the  proviso  has  been  cut  off 
from  a  bill;  sometimes  erased. — 9  Grey,  513. 

This  is  the  proper  stage  for  filling  up  blanks  ; 
for  if  filled  up  before,  and  now  altered  by  era- 
sure, it  would  be  peculiarly  unsafe. 

At  this  reading,  the  bill  is  debated  afresh, 
and  for  the  most  part  is  more  spoken  to,  at  this 
time,  than  on  any  of  the  former  readings. 
Hakew.  153. 

The  debate  on  the  question,  Whether  it 
should  be  read  a  third  time  ?  has  discovered  to 
its  friends  and  opponents  the  arguments  on 
which  each  side  relies,  and  which  of  these  ap- 
pear to  have  influence  with  the  House ;  they 
have  had  time  to  meet  them  with  new  argu- 
ments, and  to  put  their  old  ones  into  new  shapes. 
The  former  vote  has  tried  the  strength  of  the 
first  opinion,  and  furnished  grounds  to  estimate 
the  issue ;  and  the  question  now  offered  for  its 
passage,  is  the  last  occasion  which  is  ever  to  be 
offered  for  carrying  or  rejecting  it. 

When  the  debate  is  ended,  the  Speaker,  hold- 
ing the  bill  in  his  hand,  puts  the  question  for  its 
passage,  by  saying,  *  Gentlemen,  all  you  who 
are  of  opinion  that  this  bill  shall  pass,  say  aye ;' 
and  after  the  answer  of  ayes,  '  All  those  of  the 
contrary  opinion,  say  no.' — Hakew.  154. 


DIVISION  OF  THE  HOUSE.  109 

After  the  bill  has  passed,  there  can  be  no  fur- 
ther alteration  of  it  in  any  point. — Hakew.  159, 


SECTION  XLI. 

«          DIVISION  OF  THE  HOUSE. 

The  affirmative  and  negative  of  the  question 
having  been  both  put  and  answered,  the  Speaker 
declares  whether  the  yeas  or  nays  have  it  by 
the  sound,  if  he  be  himself  satisfied,  and  it 
stands  as  the  judgment  of  the  House.  But  if  he 
be  not  himself  satisfied  which  voice  is  the  greater, 
or  if,  before  any  other  member  comes  into  the 
House,  or  before  any  new  motion  is  made,  (for 
it  is  too  late  after  that,)  any  member  shall  rise 
and  declare  himself  dissatisfied  with  the  Speak- 
er's decision,  then  the  Speaker  is  to  divide  the 
House.— Scob.  24—2  Hats.  140. 

When  the  House  of  Commons  is  divided,  the 
one  party  goes  forth,  and  the  other  remains  in 
the  House.  This  has  made  it  important  which 
go  forth,  and  which  remain ;  because  the  latter 
gain  all  the  indolent,  the  indifferent,  and  inatten- 
tive. Their  general  rule,  therefore,  is,  that 
those  who  give  their  vote  for  the  preservation  of 
the  orders  of  the  House,  shall  stay  in,  and  those 
who  are  for  introducing  any  new  matter  or 
alteration,  or  proceeding,  contrary  to  the  esta- 
blished course,  are  to  go  out.  But  this  rule  is  ' 


110  DIVISION  OF  THE  HOUSE. 

subject  to  many  exceptions  and  modifications. 
2  Rush.  p.  3,/o/.  92—Scob.  43.  52—  Co.  12. 
116— .D'JEwes,  505,  col  I— Mem.  in  Hakew. 
25.  29 ;  as  will  appear  by  the  following  state- 
ment of  who  go  forth. 
Petition  that  it  be  received,*  }  A 

Read,  -      5 AyeS 

Lie  one  the  table,  - 1 

Rejected  after  refusal  to  lie  y  Noes. 

on  the  table,  -  J 

Referred  to  a  committee,  or  7 

farther  proceeding,  -  5 

Bill,  that  it  be  brought  in, 
Read  1st  or  3d  time, 


Engrossed  or  read  2d  time, 


•Ayes. 


Proceeding  on  every  other 
stage, 

Committed, 

To  a  Committee  of  the  whole,  Noes. 

To  a  select  committee,     -        Ayes. 

Report  of  bill  to  lie  on  table,    Noes. 

Be  now  read,  -  1  Ayes. 

Be  taken  into  consideration  1 50  P.  J. 
three  months  hence,  J  251. 

Amendments  be  read  a  2d  time,  Noes. 

Clause  offered  on  report  of^ 

Bill  be  read  2d  time,     -      ]   Ayes. 

For  receiving  a  clause,     -      ^>  334 

With   amendments    be  en- 
grossed, 

*  Noes,  9  Grey,  365. 


DIVISION  OP  THE  HOUSE. 


Ill 


That  a  bill  be  now  read  a  3d  7    Noes, 
time,  -  -      5   398* 

Receive  a  rider,     -  1  260. 

Pass,         -         -         -     J.  Ayes  259. 

Be  printed, 

Committees.  That  A  take  the" 
chair.    - 

To  agree  to  the  whole  or  any 
part  of  report.     - 

That  the  House  do  now  re- 
solve into  a  committee.  291 

Speaker.      That    he    now     ^>N6es. 
leave  the  chair,  after  or- 
der to  go  into  committee. 

That  he  issue  warrant  for  a 
new  visit.     -     -     -     - 

Member.    That  none  be  ab- 
sent without  leave. 

Witness.    That  he  be  further 
examined, 

Previous  questions  .  Noes. 

Blanks.     That  they  be  filled  ^ 
with  the  largest  sum.  I   . 

Amendments.     That  words    j     * 
stand  part  of.  -   J 

Lords.     That  their  amend-    )  . 
ment  be  read  a  2d  time.     5 

Messenger  be  received.     -     1 

Orders  of  the  day  to  be  now  I  Ayes, 
read,  if  before  2  o'clock.    J 

If  after  2  o'clock.         -         -    -Noes. 


Ayes  344 


DIVISION  OP  THE  HOUSE. 

Adjournment,   till  the   next") 

sitting  day,  if  before  4    vAyes. 
o'clock.  J 

If  after  4  o'clock.  -      Noes 

Over  a  sitting  day  (unless  a  ?  A    es 

previous  resolution.)  }     ^ 

Over  the  30th  of  January.  Noes. 

For  sitting  on  Sunday,  or  any  other  7  *  * 

day,  not  being  a  sitting  day.          3 

The  one  party  being  gone  forth,  the  Speaker 
names  two  tellers  from  the  affirmative,  and  two 
from  the  negative  side,  who  first  count  those  sit- 
ting in  the  House,  and  report  the  number  to  the 
Speaker.  Then  they  place  themselves  within 
the  door,  two  on  each  side,  and  count  those  who 
went  forth,  as  they  come  in,  and  report  the  num- 
ber to  the  Speaker. — Mem.  in  Hakew.  26. 

A  mistake  in  the  report  of  the  tellers  may  be 
rectified  after  the  report  made. — 2  Hats.  145. 
Note. 

But,  in  both  Houses  of  Congress,  all  those  intricacies 
are  avoided.  The  ayes  first  rise,  and  are  counted,  stand- 
ing in  their  places,  by  the  President  or  Speaker.  Then 
they  sit,  and  the  noes  rise,  and  are  counted  in  like  man- 
ner. 

In  Senate,  if  they  be  equally  divided,  the  Vice  Presi- 
dent announces  his  opinion,  which  decides. 

The  Constitution,  however,  has  directed  that  '  the 
yeas  and  nays  of  the  members  of  either  House,  on  any 
question,  shall,  at  the  desire  of  one  fifth  of  those  present, 
be  entered  on  the  journal.'  And  again,  that  in  all  cases 
of  re-considering  a  bill,  disapproved  by  the  President, 
and  returned  with  his  objections,  'the  votes  of  both 
Houses  shall  be  determined  by  the  yeas  and  nays,  and 


DIVISION  OF  THE  HOUSE.  113 

the  names  of  the  persons  voting  for  and  against  the  bill, 
shall  be  entered  on  the  journals  of  each  House  respec- 
tively.7 

By  the  16th  rule  of  the  Senate,  when  the  yeas  and 
nays  shall  be  called  for  by  one-fifth  of  the  members  pre- 
sent, each  member  called  upon  shall,  unless  for  special 
reasons  he  be  excused  by  the  Senate,  declare  openly,  and 
without  debate,  his  assent  or  dissent  to  the  question.  In 
taking  the  yeas  and  nays,  and  upon  the  call  of  the 
House,  the  names  of  the  members  shall  be  taken  alpha- 
betically. 

When  the  yeas  and  nays  shall  be  taken  upon  any 
question,  in  pursuance  of  the  above  rule,  no  member  shall 
be  permitted,  under  any  circumstances  whatever,  to  vote 
after  the  decision  is  announced  from  the  Chair. 

When  it  is  proposed  to  take  the  vote  by  yeas  and 
nays,  the  President  or  Speaker  states,  that  *  The  question 
is,  whether,  e.  g.  the  bill  shall  pass  ?  That  it  is  pro- 
posed, that  the  yeas  and  nays  shall  be  entered  on  the 
journal.  Those  therefore,  who  desire  it,  will  rise.'  If 
he  finds  and  declares  that  one-fifth  have  risen,  he  then 
states,  that  *  those  who  arc  of  opinion  that  the  bill  shall 
pass,  are  to  answer  in  the  affirmative  ;  those  of  the  con- 
trary opinion,  in  the  negative.'  The  clerk  then  calls 
over  the  names  alphabetically,  notes  the  yea  or  nay  of 
each,  and  gives  the  list  to  the  President  or  Speaker,  who 
declares  the  result.  In  Senate,  if  there  be  an  equal  di- 
vision, the  Secretary  calls  on  the  Vice  President,  and 
notes  his  affirmative  or  negative,  which  becomes  the  de- 
cision of  the  House. 

In  the  House  of  Commons,  every  member 
must  give  his  vote  the  one  way  or  the  other. — 
Scob.  24.  As  it  is  not  permitted  to  any  one  to 
withdraw  who  is  in  the  House  when  the  ques- 
tion is  put,  nor  is  any  one  to  be  told  in  the  di- 
vision who  was  not  in  when  the  question  was  put. 
—2  Hats.  140. 


114  WVISION  OF  THE  HOUSE. 

This  last  position  is  always  true  when  the 
Tote  is  by  yeas  and  nays ;  where  the  negative  as 
well  as  the  affirmative  of  the  question  is  stated 
by  the  President  at  the  same  time,  and  the  vote 
of  both  sides  begins  and  proceeds  pari  passu. 
It  is  true,  also,  when  the  question  is  put  in  the 
usual  way,  if  the  negative  has  also  been  put. 
But  if  it  has  not,  the  member  entering,  or  any 
other  member  may  speak,  and  even  propose 
amendments,  by  which  the  debate  may  be  open- 
ed again,  and  the  question  greatly  deferred. 
And,  as  some  who  have  answered  aye,  may 
have  been  changed  by  the  new  arguments,  the 
affirmative  must  be  put  over  again.  If,  then, 
the  member  entering  may,  by  speaking  a  few 
words,  occasion  a  repetition  of  the  question,  it 
would  be  useless  to  deny  it  on  his  simple  call 
for  it. 

While  the  House  is  telling  no  member  may 
speak,  or  move  out  of  his  place;  for,  if  any 
mistake  be  suspected,  it  must  be  told  again. — 
Mem  in  Hakew.  26 — 2  Hats.  143. 

If  any  difficulty  arises  in  point  of  order,  du- 
ring the  division,  the  Speaker  is  to  decide  pe- 
remptorily, subject  to  the  future  censure  of  the 
House,  if  irregular.  He  sometimes  permits  old 
experienced  members  to  assist  him  with  their 
advice,  which  they  do  sitting  in  their  seats,  co- 
vered to  avoid  the  appearance  of  debate ;  but  this 
can  only  be  with  the  Speaker's  leave,  else  the 
division  might  last  several  hours. — 2  Hats,  143. 

The  voice  of  the  majority  decides.     For  the 


TITLE.  115 

lex  majoris  partis,  is  the  law  of  all  councils,  elec- 
tions, &c.  where  not  otherwise  expressly  provid- 
ed.— Hakew.  93.  But,  if  the  House  be  equally 
divided,  *  semper  presumatur pro  negante :'  that 
is,  the  former  law  is  not  to  be  changed  but  by  a 
majority. — Towns,  col.  134. 

But,  in  the  Senate  of  the  United  States,  the  Vice-pre- 
sident decides,  when  the  House  is  divided. — Const.  U.  S. 
Art.  I.  Sec.  II. 

When,  from  counting  the  House,  on  a  divi- 
sion, it  appears  that  there  is  not  a  quorum,  the 
matter  continues  exactly  in  the  state  in  which  it 
was  before  the  division,  and  must  be  resumed 
at  that  point  on  any  future  day. — 2  Hats.  126. 

1606,  May  1,  on  a  question,  whether  a  mem- 
ber, having  said  Yea,  may  afterwards  sit  and 
change  his  opinion  ?  A  precedent  was  remem- 
bered by  the  Speaker,  of  Mr.  Morris,  attorney 
of  the  wards,  in  39  Eliz.  who  in  like  case 
changed  his  opinion. — Mem.  in  Hakew.  27. 


SECTION  XLII. 

TITLE. 

After  the  bill  has  passed,  and  not  before,  the 
title  may  be  amended,  and  is  to  be  fixed  by  a 
question ;  and  the  bill  is  then  sent  to  the  other 
House. 


116  RE-CONSIDERATION. 

SECTION  XLIII. 
R  E-C  ONSIDERATION. 

When  a  question  has  been  once  made  and  carried  in 
the  affirmative  or  negative,  it  shall  be  in  order  for  any 
member  of  the  majority  to  move  for  the  re-consideration 
thereof :  but  no  motion  for  the  re-consideration  of  any 
vote  shall  be  in  order  after  a  bill,  resolution,  message, 
•  report,  amendment,  or  motion,  upon  which  the  vote  was 
taken,  shall  have  gone  out  of  the  possession  of  the  Se- 
nate, announcing  their  decision  ;  nor  shall  any  motion 
for  re-consideration  be  in  order,  unless  made  on  the  same 
day  on  which  the  vote  was  taken,  or  within  the  two  next 
days  of  actual  session  of  the  Senate  thereafter. — Rule  20. 
1798,  Jan.  A  bill  on  its  second  reading,  being  amend- 
ed, and  on  the  question,  whether  it  shall  be  read  a  third 
time  negatived,  was  restored  by  a  decision  to  re-consider 
that  question.  Here  the  votes  of  negative  and  re-con- 
sideration, like  positive  and  negative  quantities  in  equa- 
tion, destroy  one  another,  and  are  as  if  they  were  ex- 
punged from  the  journals.  Consequently,  the  bill  is  open 
for  amendment,  just  so  far  as  it  was  the  moment  pre- 
ceding the  question  for  the  third  reading.  That  is  to 
say,  all  parts  of  the  bill  are  open  for  amendment,  except 
those  on  which  votes  have  been  already  taken  in  its  pre- 
sent stage.  So  also  may  it  be  re-committed. 

The  rule  permitting  a  re-consideration  of  a  question 
affixing  to  it  no  limitation  of  time  or  circumstance,  it 
may  be  asked  whether  there  is  no  limitation  ?  If,  after 
the  vote,  the  paper  on  which  it  is  passed  has  been  parted 
with,  there  can  be  no  re-consideration  :  as  if  a  vote  has 
been  for  the  passage  of  a  bill,  and  the  bill  has  been  sent 
to  the  other  House.  But  where  the  paper  remains,  as  on 
a  bill  rejected,  when,  or  under  what  circumstances,  does 
it  cease  to  be  susceptible  of  re-consideration  ?  This  re- 


RE-CONSIDERATION.  1 17 

mains  to  be  settled,  unless  a  sense  that  the  right  of  re- 
consideration is  a  right  to  waste  the  time  of  the  House 
in  repeated  agitations  of  the  same  question,  so  that  it 
shall  never  know  when  a  question  is  done  with,  should 
induce  them  to  reform  this  anomalous  proceeding.* 

In  Parliament,  a  question  once,  carried,  cannot 
be  questioned  again,  at  the  same  session ;  but 
must  stand  as  the  judgment  of  the  House. — 
Towns,  col.  67 — Mem.  in  Hakew.  33.  And  a 
bill  once  rejected,  another  of  the  same  substance 
cannot  be  brought  in  again  the  same  session.- — 
Hakew.  158 — 6  Grey,  392.  But  this  does  not 
extend  to  prevent  putting  the  same  questions  in 
different  stages  of  a  bill ;  because  every  stage  of 
a  bill  submits  the  whole  and  every  part  of  it  to 
the  opinion  of  the  House,  as  open  for  amend- 
ment, either  by  insertion  or  omission,  though 
the  same  amendment  has  been  accepted  or  re- 
jected in  a  former  stage.  So  in  reports  of  com- 
mittees, e.  g.  report  of  an  address,  the  same 
question  is  before  the  House,  and  open  for  free 
discussion. — Towns,  col.  26 — 2  flats.  98. 100, 
101.  So  orders  of  the  House,  or  instructions 
to  committees,  may  be  discharged.  So  a  bill 
begun  in  one  House,  sent  to  the  other,  and 
there  rejected,  may  be  renewed  again  in  that 
other,  passed,  and  sent  back. — Ib.  92 — 3  Hats. 
161.  Or,  if,  instead  of  being  rejected,  they  read 
it  once,  and  lay  it  aside,  and  put  it  off  a  month, 

*  This  defect  ie  remedied  by  Rule  20,  cited  above, 
which  has  been  adopted  since  the  original  edition  of  this 
work  was  published. 


118  RE-CONSIDERATION. 

they  may  order  in  another  to  the  same  effect, 
with  the  same  or  a  different  title. — Hakew.  97, 
98. 

Divers  expedients  are  used  to  correct  the  ef- 
fects of  this  rule  ;  as,  by  passing  an  explanatory 
act,  if  any  thing  has  been  omitted  or  ill-express- 
ed, 3  Hats.  278  ;  or  an  act  to  enforce,  and  make 
more  effectual  an  act,  &c.  or  to  rectify  mistakes 
in  an  act,  &c.  or  a  committee  on  one  bill  may 
be  instructed  to  receive  a  clause  to  rectify  the 
mistakes  of  another.  Thus,  June  24,  1685,  a 
clause  was  inserted  in  a  bill  for  rectifying  a  mis- 
take committed  by  a  clerk  in  engrossing  a  bill 
of  reply. — 2  Hats.  194.  6.  Or  the  session  may 
be  closed  for  one,  two,  three,  or  more  days,  and 
a  new  one  commenced.  But  then  all  matters 
depending  must  be  finished,  or  they  fall,  and  are 
to  begin  de  novo. — 2  Hats.  94.  98.  Or  a  part 
of  the  subject  may  be  taken  up  by  another  bill, 
or  taken  up  in  a  different  way. — 6  Grey,  304. 
316. 

And  in  cases  of  the  last  magnitude,  this  rule 
has  not  been  so  strictly  and  verbally  observed  as 
to  stop  indispensable  proceedings  altogether.-— 
2  Hats.  92.  98.  Thus,  when  the  address  on  the 
preliminaries  of  peace,  in  1782,  had  been  lost 
by  a  majority  of  one  ;  on  account  of  the  import- 
ance of  the  question,  and  smallness  of  the  ma- 
jority, the  same  question  in  substance,  though 
with  words  not  in  the  first,  and  which  might 
change  the  opinion  of  some  members,  was 
brought  on  again  and  carrted :  as  the  motives 


BILLS  SENT  TO  THE  OTHER  HOUSE.          119 

for  it  were  thought  to  outweigh  the  objection  of 
form.— 2  Hats.  99,  100. 

A  second  bill  may  be  passed,  to  continue  an 
act  of  the  same  session ;  or  to  enlarge  the  time 
limited  for  its  execution. — 2  Hats.  95.  98.  This 
is  not  in  contradiction  to  the  first  act. 


SECTION  XLIV. 
BILLS  SENT  TO  THE  OTHER  HOUSE. 

All  bills  passed  in  Senate  shall,  before  they  are  sent 
to  the  House  of  Representatives,  be  examined  by  a  com- 
mittee,  consisting  of  three  members,  whose  duty  it  shall 
be  to  examine  all  bills,  amendments,  resolutions,  or  mo- 
tions, before  they  go  out  of  the  possession  of  the  Senate, 
and  to  make  report  that  they  are  correctly  engrossed ; 
which  report  shall  be  entered  on  the  Journal. — Rule  33. 

A  bill  from  the  other  House  is  sometimes  or- 
dered to  lie  on  the  table. — 2  Hats.  97. 

When  bills,  passed  in  one  House  and  sent  to 
the  other,  are  grounded  on  special  facts  requiring 
proof,  it  is  usual,  either  by  message,  or  at  a  con- 
ference, to  ask  the  grounds  and  evidence ;  and 
this  evidence,  whether  arising  out  of  papers,  or 
from  the  examination  of  witnesses,  is  immediate- 
ly communicated. — 3  Hats.  48. 


120     AMEND3IENTS  BETWEEN  THE  HOUSES.          | 

SECTION  XLV. 

AMENDMENTS  BETWEEN  THE  HOUSES, 

When  either  House,  e.  g.  the  House  of  Com- 
mons, sends  a  bill  to  the  other,  the  other  may 
pass  it  with  amendments.  The  regular  pro- 
gression in  this  case  is,  that  the  Commons  disa- 
gree to  the  amendment ;  the  Lords  insist  on  it ; 
the  Commons  insist  on  their  disagreement ;  the 
Lords  adhere  to  their  amendment ;  the  Com- 
mons adhere  to  their  disagreement.  The  term 
of  insisting  may  be  repeated  as  often  as  they 
choose,  to  keep  the  question  open.  But  the 
first  adherence  by  either,  renders  it  necessary 
for  the  other  side  to  recede  or  adhere  also  ;  when 
the  matter  is  usually  suffered  to  fall. — 10  Grey, 
148.  Latterly,  however,  there  are  instances  of 
their  having  gone  to  a  second  adherence.  There 
must  be  an  absolute  conclusion  of  the  subject 
somewhere,  or  otherwise  transactions  between 
the  Houses  would  be  endless. — 3  Hats.  268,  270. 
The  term  of  insisting,  we  are  told  by  Sir  John 
Trevor,  was  then  £1679]  newly  introduced  into 
Parliamentary  usage,  by  the  Lords — 7  Grey,  94. 
It  was  certainly  a  happy  innovation,  as  it  multi- 
plies the  opportunities  of  trying  modifications 
which  may  bring  the  Houses  to  a  concurrence. 
Either  House,  however,  is  free  to  pass  over 
the  term  of  insisting,  and  to  adhere  in  the  first 


AMENDMENTS  BETWEEN  THE  HOUSES.  121 

instance. — 10  Grey,  146.  But  it  is  notrespect- 
ful  to  the  other.  In  the  ordinary  Parliamentary 
course,  there  are  two  free  conferences  at  least 
before  adherence. — 10  Grey,  147. 

Either  House  may  recede  from  its  amendment, 
and  agree  to  the  bill ;  or  recede  from  their  disa- 
greement to  the  amendment,  and  agree  to  the 
same  absolutely,  or  with  an  amendment.  For 
here  the  disagreement  and  receding  destroy  one 
another,  and  the  subject  stands  as  before  the  dis- 
agreement.— Elsynge,  23.  27 — 9  Grey,  476. 

But  the  House  cannot  recede  from  or  insist  on, 
its  own  amendment  with  an  amendment,  for  the 
same  reason  that  it  cannot  send  to  the  other 
House  an  amendment  to  its  own  act  after  it  has 
passed  the  act.  They  may  modify  an  amend- 
ment from  the  other  House  by  ingrafting  an 
amendment  on  it,  because  they  have  never  as- 
sented to  it ;  but  they  cannot  amend  their  own 
amendment,  because  they  have,  on  the  question, 
passed  it  in  that  form  ;  9  Grey.  353 — 10  Grey, 
240.  In  Senate,  March  29,  1798.  Nor  where 
one  House  has  adhered  to  their  amendment,  and 
the  other  agrees  with  an  amendment,  can 
the  first  House  depart  from  the  form  which  they 
have  fixed  by  an  adherence. 

In  the  case  of  a  money  bill,  the  Lords  propos- 
ed amendments,  become,  by  delay,  confessedly 
necessary.  The  Commons,  however,  refused 
them,  as  infringing  on  their  privilege  as  to  mo- 
ney bills,  but  they  offered  themselves  to  add  to 
the  bill  a  proviso  to  the  same  effect,  which  had 


122     AMENDMENTS  BETWEEN  THE  HOUSES. 

no  coherence  with  the  Lords'  amendments,  and 
urged,  that  it  was  an  expedient  warranted  by 
precedent,  and  not  unparliamentary  in  a  case  be- 
come impracticable,  and  irremediable  in  any 
other  way.— 3  Hats.  256.  266.  270.  271.  But 
the  Lords  refused  and  the  bill  was  lost,  1  Chand. 
288.  A  like  case,  I  Chand.  311.  So  the  Com- 
mons resolve,  that  it  is  unparliamentary  to 
strike  out  at  a  conference  any  thing  in  a  bill 
which  hath  been  agreed  and  passed  by  both 
Houses  6  Grey,  274—1  Chand.  312. 

A  motion  to  amend  an  amendment  from  the 
other  House,  takes  precedence  of  a  motion  to 
agree  or  disagree. 

A  bill  originating  in  one  House,  is  passed  by 
the  other  with  an  amendment. 

The  originating  House  agrees  to  their  amend- 
ment with  an  amendment.  The  other  may 
agree  to  their  amendment  with  an  amendment ; 
that  being  only  in  the  second  and  not  the  third 
degree.  For,  as  to  the  amending  House,  the 
first  amendment  with  which  they  passed  the  bill 
is  a  part  of  its  text ;  it  is  the  only  text  they 
have  agreed  to.  The  amendment  to  that  text  by 
the  originating  House,  therefore,  is  only  in  the 
1st  degree,  and  the  amendment  to  that  again  by 
the  amending  House  is  only  in  the  2d,  to  wit,  an 
amendment  to  an  amendment,  and  so  admissible. 
Just  so  when,  on  a  bill  from  the  originating 
House,  the  other,  at  its  2d  reading,  makes  an 
amendment ;  on  the  3d  reading,  this  amendment 
is  become  the  text  of  the  bill,  and  if  an  amend- 


CONFERENCES.  123 

ment  to  it  be  moved,  an  amendment  to  that 
amendment  may  also  be  moved,  as  being  only  in 
the  second  degree. 


SECTION  XL VI. 
CONFERENCES.      . 

It  is  on  the  occasion  of  amendments  between 
the  Houses  that  conferences  are  usually  asked  : 
but  they  may  be  asked  in  all  cases  of  difference 
of  opinion  between  the  two  houses  on  matters 
depending  between  them.  The*  request  of  a 
conference,  however,  must  always  be  by  the 
House  which  is  possessed  of  the  papers. — 3 
Hats.  71—1  Grey,  425. 

Conferences  may  be  either  simple  or  free.  At 
a  conference  simply,  written  reasons  are  prepar- 
ed by  the  House  asking  it,  and  they  are  read 
and  delivered  without  debate,  to  the  managers 
of  the  other  House  at  the  conference  ;  but  are 
not  then  to  be  answered. — 3  Grey,  144.  The 
other  House  then,  if  satisfied,  vote  the  reasons 
satisfactory,  or  say  nothing ;  if  not  satisfied, 
they  resolve  them  not  satisfactory,  and  ask  a 
conference  on  the  subject  of  the  last  Conference, 
where  they  read  and  deliver  in  like  manner 
written  answers  to  those  reasons. — 3  Grey,  183. 


124  CONFERENCES. 

'They  are  meant  chiefly  to  record  the  justification 
of  each  House  to  the  nation  at  large,  and  to  pos- 
terity, and  in  proof  that  the  miscarriage  of  a  ne- 
cessary measure  is  not  imputable  to  them. — 3 
Grey,  255.  At  free  conferences,  the  managers 
discuss  vivafcvoce  and  freely,  and  interchange 
propositions  for  such  modifications  as  may  be 
made  in  a  Parliamentary  way,  and  may  bring 
the  sense  of  the  two  houses  together.  And  each 
party  reports  in  writing  to  their  respective 
houses  the  substance  of  what  is  said  on  both 
sides,  and  it  is  entered  in  their  journals. — 6  Grey, 
220—3  Hats.  280.  ( Vide  Joint  Rules,  1 .)  This 
report  cannot  be  amended  or  altered  as  that  of  a 
committee  may  be. — Journ.  Senate,  May  24, 
1796. 

A  conference  may  be  asked,  before  the  House 
asking  it  has  come  to  a  resolution  of  disagree- 
ment, insisting  or  adhering. — 3  Hats.  269.  341. 
In  which  case  the  papers  are  not  left  with  the 
other  conferees,  but  are  brought  back  to  be  the 
foundation  of  the  vote  to  be  given.  And  this  is 
the  most  reasonable  and  respectful  proceeding. 
For,  as  was  urged  by  the  Lords  on  a  particular 
occasion,  'it  is  held  vain,  and  below  the  wisdom 
of  Parliament,  to  reason  or  argue  against  fixed  re- 
solutions, and  upon  terms  of  impossibility  to 
persuade.' — 3  Hats.  226.  So  the  Commons 
say,  'an  adherence  is  never  delivered  at  a  free 
conference,  which  implies  debate.' — 10  Grey, 
147.  And  on  another  occasion,  the  Lords  made 
it  an  objection  that  the  Commons  had  asked  a 


CONFERENCES.  125 

free  conference  after  they  had  made  resolutions 
of  adhering.  It  was  then  affirmed,  however,  on 
the  part  of  the  Commons,  that  nothing  was  more 
Parliamentary  than  to  proceed  with  free  con- 
ferences after  adhering ;  3  Hats.  269 ;  and  we  do 
in  fact  see  instances  of  conference  or  of  free 
conference,  asked  after  the  resolution  of  disagree- 
ing.—3  #a/s.  251.  253.  260.  286.291.  316. 
349.  of  insisting,  ib.  280.  296.  299.  319.  322. 
355.  of  adhering,  269,  270.  283.  300.  and  even 
of  a  second  or  final  adherence.— 3  Hats.  270. 
And  in  all  cases  of  conference  asked  after  a  vote 
of  disagreement,  &c.  the  conefrees  of  the  House 
asking  it  are  to  leave  the  papers  with  the  con- 
ferees of  the  other ;  and  in  one  case  where  they 
refused  to  receive  them,  they  were  left  on  the 
table  in  the  conference  chamber. — 3  Hats.  271. 
317.  323.  354—10  Grey,  146. 

After  a  free  conference  the  usage  is  to  pro- 
ceed with  free  conferences,  and  not  to  return 
again  to  a  conference. — 3  Hats.  270 — 9  Grey, 
229. 

After  a  conference  denied,  a  free  conference 
may  be  asked. — 1  Grey,  45. 

When  a  conference  is  asked,  the  subject  if  it 
must  be  expressed,  or  the  conference  not  agreed 
to. — Ord.  H.  Com.  89—1  Grey,  425— -7  Grey, 
31.  They  are  sometimes  asked  to  inquire  con- 
cerning an  offence  or  default  of  a  member  of  the 
other  House. — 6  Grey,  181 — 1  Chand.  304; 
or  the  failure  of  the  other  House  to  present  to 
the  King  a  bill  passed  by  both  Houses.— 8  Grey, 


126  MESSAGES. 

302 ;  or  on  information  received,  and  relating  to 
the  safety  of  the  nation. — 10  Grey,  171,  or 
when  the  methods  of  Parliament  are  thought  by 
the  one  House  to  have  been  departed  from  by 
the  other,  a  conference  is  asked  to  come  to  a 
right  understanding  thereon.— 10  Grey,  148. 
So,  when  an  unparliamentary  message  has  been 
sent,  instead  of  answering  it,  they  ask  a  confer- 
ence.—  3  Grey,  155.  Formerly,  an  address, 
or  articles  of  impeachment,  or  a  bill  with  amend- 
ments, or  a  vote  of  the  House,  or  concurrence 
in  a  vote,  or  a  message  from  the  King,  were 
sometimes  communicated  by  way  of  conference. 
—7  Grey,  128.  300.  387—7  Grey,  80— 8  Grey, 
210.  255—1  Torbuctts  Deb.  278-— 10  .Grey, 
293—1  Chandler,  49,  287.  But  this  is  not 
modern  practice. — 8  Grey,  255. 

A  conference  has  been  asked,  after  the  first 
reading  of  a  bill  . — 1  Grey,  194.  This  is  a  sin- 
gular instance. 


SECTION  XLVII. 

MESSAGES. 

Messages  between  the  Houses  are  to  be  sent 
only  while  both  Houses  are  sitting. — 3  Hats. 
15.  They  are  received  during  a  debate,  with- 
out adjourning  the  debate. — 3  Hats.  22. 


MESSAGES.  127 

In  Senate,  the  messengers  are  introduced  in  any  state 
.of  business,  except — 1  .While  a  question  is  putting. — 
2.  While  the  yeas  and  nays  are  calling. — 3.  While 
the  ballots  are  calling.  The  first  case  is  short :  the 
second  and  third  are  cases  where  any  interruption  might 
occasion  errors  difficult  to  be  corrected. — Rule  46. 

In  the  House  of  Representatives,  as  in  Par- 
liament, if  the  House  be  in  a  committee  when  a 
messenger  attends,  the  Speaker  takes  the  chair 
to  receive  the  message,  and  then  quits  it  to  re- 
turn into  a  committee,  without  any  question  or 
interruption. — 4  Grey,  226. 

Messengers  are  not  saluted  by  the  members, 
but  by  the  Speaker,  for  the  House.— 2  Grey, 
253.  274. 

If  messengers  commit  an  error  in  delivering 
their  message,  they  may  be  admitted,  or  called 
in,  to  correct  their  message. — 4  Grey,  41.  Ac- 
cordingly, March  13,  1800,  the  Senate  having 
made  two  amendments  to  a  bill  from  the  House 
of  Representatives,  their  Secretary,  by  mistake, 
delivered  one  only ;  which  being  inadmissible  by 
itself,  that  House  disagreed,  and  notified  the  Se- 
nate of  their  disagreement.  This  produced  a 
discovery  of  the  mistake.  The  Secretary  was 
sent  to  the  other  House  to  correct  his  mistake, 
the  correction  was  received,  and  the  two  amend- 
ments acted  on  de  novo. 

As  soon  as  the  messenger,  who  has  brought 
bills  from  the  other  House,  has  retired,  the 
Speaker  holds  the  bill  in  his  hand,  and  acquaints 
the  House,  *  that  the  other  House  have,  by  their 
messenger,  sent  certain  bills,'  and  then  reads 


128  MESSAGES. 

their  titles,  and  delivers  them  to  the  clerk  to  be 
safely  kept,  till  they  shall  be  called  for  to  be 
read. — Hakew,  178. 

It  is  not  the  usage  for  one  House  to  inform 
the  other  by  what  numbers  a  bill  has  passed. — 
10  Grey,  150.  Yet  they  have  sometimes  re- 
commended a  bill  as  of  great  importance  to  the 
consideration  of  the  House  to  which  it  is  sent. — 
3  Hats.  25.  Nor  when  they  have  rejected  a 
bill  from  the  other  House,  do  they  give  notice 
of  it ;  but  it  passes  sub-silentio,  to  prevent  unbe- 
coming altercations. — 1  Black.  133. 

But  in  Congress,  the  rejection  is  notified  by  message 
to  the  House  in  which  the  bill  originated. — Joint  Rules, 
12. 

A  question  is  never  asked  by  the  one  House, 
of  the  other,  by  way  of  message,  but  only  at  a 
conference ;  for  this  is  an  interrogatory,  not  a 
message. — 3  Grey,  151.  181. 

When  a  bill  is  sent  by  one  House  to  the 
other,  and  is  neglected,  they  may  send  a  mes- 
sage to  remind  them  of  it. — 3  Hats.  25 — 5 
Grey,  154.  But  if  it  be  mere  inattention,  it  is 
better  to  have  it  done  informally,  by  communi- 
cations between  the  Speakers,  or  members  of 
the  two  Houses. 

Where  the  subject  of  a  message  is  of  a  nature 
that  it  can  properly  be  communicated  to  both 
Houses  of  Parliament,  it  is  expected  that  this 
communication  should  be  made  to  both  on  the 
same  day.  But  where  a  message  was  accom- 
panied with  an  original  declaration,  signed  by 


ASSENT.  129 

the  party,  to  which  the  message  referred,  its  be- 
ing sent  to  one  House,  was  not  noticed  by  the 
other,  because  the  declaration,  being  original, 
could  not  possibly  be  sent  to  both  Houses  at  the 
same  time. — 2  Hats.  260,  261,  262. 

The  King  having  sent  original  letters  to  the 
Commons,  afterwards  desires  they  may  be  re- 
turned, that  he  may  communicate  them  to  the 
Lords.— 1  Chandler,  303. 


SECTION  XL VIII. 

ASSENT, 

The  House  which  has  received  a  bill,  and 
passed  it,  may  present  it  for  the  King's  assent, 
and  ought  to  do  it,  though  they  have  not  by 
message  notified  to  the  other  their  passage  of  it. 
Yet  the  notifying  by  message  is  a  form  which 
ought  to  be  observed  between  the  two  Houses, 
from  motives  of  respect  and  good  understand- 
ing.— 2  Hats.  242.  Were  the  bill  to  be  with- 
held from  being  presented  to  the  King,  it  would 
be  an  infringement  of  the  rules  of  Parliament. — 
2  Hats.  242. 

When  a  bill  has  passed  both  Houses  of  Con- 
gress, the  House  last  acting  on  it  notifies  its 
passage  to  the  other,  and  delivers  the  bill  to  the 
i 


130  ASSENT. 

joint  committee  of  enrolment,  who  see  that  it  is 
truly  enrolled  in  parchment. — ( Vide  Joint  Rules 
6.)     When  the  bill  is  enrolled,  it  is  not  to  be 
written  in  paragraphs,  but  solidly  and  all  of  a 
piece,  that  the   blanks   within    the   paragraphs 
may  not  give  room  for  forgery. — 9  Grey,  143. 
It  is  then  put  in  the  hands  of  the  clerk  of  the 
House  of  Representatives,  to  have  it  signed  by 
the  Speaker.     The  clerk  then  brings  it  by  way 
of  message  to  the  Senate,  to  be  signed  by  their 
President.     The  Secretary  of  the  Senate  returns 
it  to  the  committee  of  enrolment,  who  present  it 
to  the  President  of  the  United  States.    (Vide 
Joint  Rules  8,  9.)     If  he  approves,  he  signs 
and  deposits  it  among  the  rolls  in  the  office  of 
the  Secretary  of  State,  and  notifies  by  message 
the  House  in  which  it  originated,  that  he  has 
approved  and  signed  it;  of  which  that  House 
informs  the  other  by  message.     If  the  President 
disapproves,  he  is  to  return  it,  with  his  objec- 
tions, to  the  House  in  which  it  shall  have  origi- 
nated ;  who  are  to  enter  the  objections  at  large 
on  their  journal,  and  proceed  to  re-consider  it. 
If,  after  such  re-consideration,  two-thirds  of  the 
House  shall  agree  to  pass  the  bill,  it  shall  be 
sent,  together  with  the  President's  objections, 
to  the  other  House,  by  which  it  shall  likewise 
be  re-considered,  and,  if  approved  by  two-thirds 
of  that  House,  it  shall  become  a  law.     If  any 
bill  shall  not  be  returned  by  the  President  with- 
in ten  days   (Sunday  excepted,)  after  it  shall 
have  been  presented  to  him,  the  same  shall  be  a 


JOURNALS.  131 

law,  in  like  manner  as  if  he  had  signed  it,  unless 
the  Congress,  by  their  adjournment,  prevent  its 
return  ;  in  which  case  it  shall  not  be  a  law. 
Const.  U.  S.  Art.  I.  Sec.  7. 

Every  order,  resolution,  or  vote,  to  which  the 
concurrence  of  the  Senate  and  House  of  Repre- 
sentatives may  be  necessary,  (except  on  a  ques- 
tion of  adjournment,)  shall  be  presented  to  the 
President  of  the  United  States,  and  before  the 
same  shall  take  effect,  shall  be  approved  by  him, 
or,  being  disapproved  by  him,  shall  be  re-passed 
by  two-thirds  of  the  Senate  and  House  of  Re- 
presentatives, according  to  the  rules  and  limita- 
tions prescribed  in  the  case  of  a  bill. — Const.  U. 
S.  Art.  I.  Sec.  7. 


SECTION  XLIX. 

JOURNALS. 

Each  House  shall  keep  a  journal  of  its  proceedings, 
and  from  time  to  time  publish  the  same,  excepting  such 
parts  as  may,  in  their  judgment,  require  secrecy. — Const. 

jr.  5. 3. 

The  proceedings  of  the  Senate,  when  not  acting  as  in 
a  committee  of  the  House,  shall  be  entered  on  the  jour- 
nals, as  concisely  as  possible,  care  being  taken  to  detail 
a  true  account  of  the  proceedings.  Every  vote  of  the 
Senate  shall  be  entered  on  the  journals,  and  a  brief  state- 
ment of  the  contents  of  each  petition,  memorial,  or  pa- 


132  JOURNALS. 

per,  presented  to  the  Senate,  be  also  inserted  on  the  jour- 
nals.— Rule  32. 

The  titles  of  bills,  and  such  parts  thereof  only  as  shall 
be  affected  b}^  proposed  amendments,  shall  be  inserted 
on  the  journals. — Rule  31. 

If  a  question  is  interrupted  by  a  vote  to  ad- 
journ, or  to  proceed  to  the  orders  of  the  day, 
the  original  question  is  never  printed  in  the 
journal,  it  never  having  been  a  vote,  nor  intro- 
ductory to  any  vote :  but  when  suppressed  by 
the  previous  question,  the  first  question  must  be 
stated,  in  order  to  introduce,  and  make  intelligi- 
ble, the  second. — 2  Hats.  83. 

So  also,  when  a  question  is  postponed,  ad- 
journed, or  laid  on  the  table,  the  original  ques- 
tion, though  not  yet  a  vote,  must  be  expressed 
in  the  journals ;  because  it  makes  part  of  the 
vote  of  postponement,  adjourning,  or  laying  on 
the  table. 

Where  amendments  are  made  to  a  question, 
those  amendments  are  not  printed  in  the  jour- 
nals, separated  from  the  question ;  but  only  the 
question  as  finally  agreed  to  by  the  House.  The 
rule  of  entering  in  the  journals  only  what  the 
House  has  agreed  to,  is  founded  in  great  pru- 
dence and  good  sense ;  as  there  may  be  many 
questions  proposed  which  it  may  be  improper 
to  publish  to  the  world,  in  the  form  in  which 
they  are  made. — 2  Hats.  85. 

In  both  Houses  of  Congress,  all  questions  whereon 
the  yeas  and  nays  are  desired  by  one-fifth  of  the  mem- 
bers present,  whether  decided  affirmatively  or  negative- 
ly, must  be  entered  in  the  journals. — Const.  I.  5.  3. 


JOURNALS.  133 

The  first  order  for  printing  the  votes  of  the 
House  of  Commons,  was  Oct.  30,  1685. — 1 
Chandler,  387. 

Some  judges  have  been  of  opinion,  that  the 
journals  of  the  House  of  Commons  are  no  re- 
cords, but  'remembrances.  But  this  is  not  law. 
Cob.  110,  III— Lex.  Par!.  114,  115— Jour. 
H.  C.  Mar.  17,  1592— Hale.  Parl.  105.  For 
the  Lords,  in  their  House,  have  power  of  judi- 
cature ;  the  Commons,  in  their  House,  have 
power  of  judicature  ;  and  both  Houses  together 
have  power  of  judicature ;  and  the  book  of  the 
clerk  of  the  House  of  Commons  is  a  record,  as 
is  affirmed  by  act  of  Parliament. — 6  H.  8.  c.  16 
— Inst.  23, 24  ;  and  every  member  of  the  House 
of  Commons  has  a  judicial  place. — 4  Inst.  15. 
As  records,  they  are  open  to  every  person ;  and 
a  printed  vote  of  either  House  is  sufficient  ground 
for  the  other  to  notice  it.  Either  may  appoint 
a  committee  to  inspect  the  journals  of  the  other, 
and  report  what  has  been  done  by  the  other  in 
any  particular  case. — 2  Hats.  261 — 3  Hats. 
27-30.  Every  member  has  a  right  to  see  the 
journals,  and  to  take  and  publish  votes  from 
them.  Being  a  record,  every  one  may  see  and 
publish  them. — 6  Grey,  118,  119. 

On  information  of  a  mis-entry  or  omission  of 
an  entry  in  the  journal,  a  committee  may  be  ap- 
pointed to  examine  and  rectify  it,  and  report  it 
to  the  House.— 2  Hats.  194,  5. 


134  ADJOURNMENT- 

SECTION  L. 
ADJOURNMENT. 

The  two  Houses  of  Parliament  have  the  sole, 
separate,  and  independent  power  of  adjourning, 
each  their  respective  Houses.  The  King  has 
no  authority  to  adjourn  them ;  he  can  only  sig- 
nify his  desire,  and  it  is  in  the  wisdom  and  pru- 
dence of  either  House,  to  comply  with  his  re- 
quisition, or  not,  as  they  see  fitting. — 2  Hats. 
332.  1  Blackstone,  186.  5  Grey,  122. 

By  the  Constitution  of  the  United  States,  a  smaller 
number  than  a  majority  may  adjourn  from  day  to  day. 
— /.  5.  But  neither  House,  during  the  session  of  Con- 
gress, shall,  without  the  consent  of  the  other,  adjourn  for 
more  than  three  days,  nor  to  any  other  place  than  that 
in  which  the  two  Houses  shall  be  sitting. — /.  5.  The 
President  may,  on  extraordinary  occasions,  convene 
both  Houses,  or  either  of  them,  and  in  case  of  disagree- 
ment between  them,  with  respect  to  the  time  of  adjourn- 
ment, he  may  adjourn  them  to  such  time  as  he  shall 
think  proper. — Const.  II.  3. 

A  motion  to  adjourn  simply,  cannot  be  amend- 
ed as  by  adding,  "  To  a  particular  day."  But 
must  be  put  simply,  "  That  this  House  do  now 
adjourn  ?"  and,  if  carried  in  the  affirmative,  it 
is  adjourned  to  the  next  sitting  day,  unless  it  has 
come  to  a  previous  resolution,  "  That  at  its 
rising,  it  will  adjourn  to  a  particular  day ;"  and 
then  the  House  is  adjourned  to  that  day. — 2 
Hats.  82. 


SESSION*  135 

Where  it  is  convenient  that  the  business  of 
the  House  be  suspended  for  a  short  time,  as  for 
a  conference  presently  to  be  held,  &c.  it  adjourns 
during  pleasure. — 2  Hats.  305.  Or  for  a  quar- 
ter of  an  hour. — 5  Grey,  331. 

If  a  question  be  put  for  adjournment,  it  is  no 

.  adjournment  till  the  Speaker  pronounces  it. — 5 

Grey,  137.     And  from  courtesy  and  respect,  no 

member  leaves  his  place  till  the  Speaker  has 

passed  on. 


SECTION  LI. 

A  SESSION. 

Parliament  have  three  modes  of  separation,  to 
wit,  by  adjournment,  by  prorogation,  or  dissolu- 
tion by  the  King,  or  by  the  efflux  of  the  term 
for  which  they  were  elected,  Prorogation  or 
dissolution  constitutes  there  what  is  called  a 
session  ;  provided  some  act  has  passed.  In  this 
case,  all  matters  depending  before  them  are  dis- 
continued, and  at  their  next  meeting  are  to  be 
taken  up  de  novo,  if  taken  up  at  all. — I  Blackst. 
186.  Adjournment,  which  is  by  themselves,  is. 
no  more  than  a  continuance  at  the  session  from 
one  day  to  another,  or  for  a  fortnight,  a  month, 
&c.  ad  libitum.  All  matters  depending  remain 


136  SESSION. 

in  statu  quo,  and  when  they  meet  again,  be  the 
term  ever  so  distant,  are  resumed  without  any 
fresh  commencement,  at  the  point  at  which  they 
were  left. — 1  Lev.  lQ5—Lex.  Parl  c.  2—1 
Ro.  Rep.  29—4  Inst.  7.  27,  28—Hutt.  61—1 
Mod.  152 — Ruffh.  Jac's.  L.  Diet.  Parliaments 
— Blackst.  186.  Their  whole  session  is  con- 
sidered in  law  but  as  one  day,  and  has  relation 
to  the  first  day  thereof. — Bro.  Mr.  Parlia- 
ment, 86. 

Committees  may  be  appointed  to  sit  during  a 
recess  by  adjournment,  but  not  by  prorogation. 
5  Grey,  374—9  Grey,  350— 1  Chandler,  50. 
Neither  House  can  continue  any  portion  of  it- 
self in  any  Parliamentary  function,  beyond  the 
end  of  the  session,  without  the  consent  of  the 
other  two  branches.  When  done,  it  is  by  a  bill 
constituting  them  commissioners  for  the  particu- 
lar purpose. 

Congress  separate  in  two  ways  only,  to  wit,  by  ad- 
journment, or  dissolution  by  the  efflux  of  their  time. 
What  then  constitutes  a  session  with  them  ?  A  dissolu- 
tion certainly  closes  one  session,  and  the  meeting  of  the 
new  Congress  begins  another.  The  Constitution  author- 
izes the  President,  "  On  extraordinary  occasions,  to  con- 
vene both  Houses,  or  either  of  them." — Art.  I.  Sec.  3.  If 
convened  by  the  President's  proclamation,  this  must  be- 
gin a  new  session,  and  of  course  determine  the  preced- 
ing one  to  have  been  a  session.  So,  if  it  meets  under 
the  clause  of  the  Constitution,  which  says,  "  The  Con- 
gress shall  assemble,  at  least,  once  in  every  year,  and 
such  meeting  shall  be  on  the  first  Monday  in  Decem- 
ber, unless  they  shall  by  law  appoint  a  different  day," — 


SESSION.  137 

/.  4. — this  must  begin  a  new  session.  For  even  if  the 
last  adjournment  was  to  this  day,  the  act  of  adjourn- 
ment is  merged  in  the  higher  authority  of  the  Constitu- 
tion, and  the  meeting  will  be  under  that,  and  not  under 
their  adjournment.  So  far  we  have  fixed  landmarks  for 
determining  sessions.  In  other  cases,  it  is  declared  by 
the  joint  vote  authorizing  the  President  of  the  Senate, 
and  the  Speaker,  to  close  the  session  on  a  fixed  day, 
which  is  usually  in  the  following  form,  "  Resolved,  by 
the  Senate  and  House  of  Representatives,  that  the  Pre- 
sident of  the  Senate  and  the  Speaker  of  the  House  of  Re- 
presentatives be  authorized  to  close  the  present  session, 
by  adjourning  their  respective  Houses  on  the  —  day 
of ." 

When  it  was  said  above,  that  all  matters  de- 
pending before  Parliament  were  discontinued 
by  the  determination  of  the  session,  it  was  not 
meant  for  judiciary  cases,  depending  before  the 
House  of  Lords,  such  as  impeachments,  appeals, 
and  writs  of  error.  These  stand  continued  of 
course  to  the  next  session.— Raym.  120.  381 — 
Ruffh.  Jac.  L.  D.  Parliament. 

Impeachments  stand  in  like  manner  continued  before 
the  Senate  of  the  United  States.* 


*  It  was  held,  in  the  case  of  Hastings,  that  a  dissolu- 
tion did  not  work  the  discontinuance  of  an  impeach- 
ment. 


138  TREATIES. 

SECTION  LII. 

TREATIES. 

The  President  of  the  United  States  has  power,  by  and 
with  the  advice  and  consent  of  the  Senate,  to  make  trea- 
ties, provided  two-thirds  of  the  Senators  present  concur. 
—Const.  U.  S.  Art.  II.  Sec.  2. 

All  confidential  communications,  made  by  the  Presi- 
dent of  the  United  States  to  the  Senate,  shall  be,  by  the 
members  thereof,  kept  inviolably  secret;  and  that  all 
treaties,  which  may  hereafter  be  laid  before  the  Senate, 
shall  also  be  kept  secret,  until  the  Senate  shall,  by  their 
resolution,  take  off  the  injunction  of  secrecy. — Rule  38. 

Treaties  are  legislative  acts.  A  treaty  is  a  law 
of  the  land.  It  differs  from  other  laws  only  as 
it  must  have  the  consent  of  a  foreign  nation,  be- 
ing but  a  contract  with  respect  to  that  nation. 
In  all  countries,  I  believe,  except  England, 
treaties  are  made  by  the  legislative  power :  and 
there  also,  if  they  touch  the  laws  of  the  land, 
they  must  be  approved  by  Parliament.  Ware 
vs.  Hylton.— -3  Dallas's  Rep.  199.  It  is  ac- 
knowledged, for  instance,  that  the  King  of  Great 
Britain  cannot,  by  a  treaty,  make  a  citizen  of  an 
alien. —  Vattel,  b.  1.  c.  19.  sec.  214.  An  act  of 
Parliament  was  necessary  to  validate  the  Ameri- 
can treaty  of  1783.  And  abundant  examples  of 
of  such  acts  can  be  cited.  In  the  case  of  the 
treaty  of  Utrecht,  in  1712,  the  commercial  arti- 
cles required  the  concurrence  of  Parliament. 
But  a  bill  brought  in  for  that  purpose  was  re- 


TREATIES* 


139 


France,  the  other  contracting  party,  suf- 
fered these  articles,  in  practice,  to  be  not  insist- 
ed on,  and  adhered  to  the  rest  of  the  treaty. — 4 
RusselPs  Hist.  Mod.  Europe,  457—2  Smollet, 
242.  246. 

By  the  Constitution  of  the  United  States,  this  depart- 
ment of  legislation  is  confined  to  two  branches  qnly,  of 
the  ordinary  Legislature;  the  President  originating,  and 
Senate  having  a  negative.  To  what  subject  this  power 
extends,  has  not  been  defined  in  detail  by  the  Constitu- 
tion; nor  are  we  entirely  agreed  among  ourselves. — 1. 
It  is  admitted,  that  it  must  concern  the  foreign  nation, 
party  to  the  contract,  or  it  would  be  a  mere  nullity  res 
inter  alias  acta. — 2.  By  the  general  power  to  make  trea- 
ties, the  Constitution  must  have  intended  to  compre- 
hend only  those  subjects  which  are  usually  regulated  by 
treaty,  and  cannot  be  otherwise  regulated. — 3.  It  must 
have  meant  to  except  out  of  these  the  rights  reserved  to 
the  States ;  for  surely  the  President  and  Senate  cannot 
do  by  treaty  what  the  whole  Government  is  interdicted 
from  doing  in  any  way. — 4.  And  also  to  except  those 
subjects  of  legislation  in  which  it  gave  a  participation  to 
the  House  of  Representatives.  This  last  exception  is 
denied  by  some,  on  the  ground  that  it  would  leave  very 
little  matter  for  the  treaty  power  to  work  on.  The  less 
the  better,  say  others.  The  Constitution  thought  it  wise 
to  restrain  the  Executive  and  Senate  from  entangling 
and  embroiling  our  affairs  with  those  of  Europe.  Be- 
sides, as  the  negociations  are  carried  on  by  the  Execu- 
tive alone,  the  subjecting  to  the  ratification  of  the  Re- 
presentatives such  articles  as  are  within  their  participa- 
tion, is  no  more  inconvenient  than  to  the  Senate.  But 
the  ground  of  this  exception  is  denied  as  unfounded.  For 
examine,  e.  g.  the  treaty  of  commerce  with  France,  and 
it  will  be  found  that  out  of  thirty-one  articles,  there  are 
not  more  than  small  portions  of  two  or  three  of  them 


140  TREATIES. 

which  would  not  still  remain  as  subjects  of  treaties,  un- 
touched by  these  exceptions. 

Treaties  being  declared,  equally  with  the  laws  of  the 
United  States,  to  be  the  supreme  law  of  the  land,  it  is 
understood  that  an  act  of  the  Legislature  alone  can  de- 
clare them  infringed  and  rescinded.  This  was  accord- 
ingly the  process  adopted  in  the  case  of  France,  in  1798. 

It  has  been  the  usage  of  the  Executive,  when  it  com- 
municates a  treaty  to  the  Senate  for  their  ratification,  to 
communicate  also  the  correspondence  of  the  negotia- 
tions. This  having  been  omitted  in  the  case  of  the 
Prussian  treaty,  was  asked  by  a  vote  of  the  House,  of 
Feb.  12, 1800,  and  was  obtained.  And  in  Dec.  1800,  the 
Convention  of  that  year  between  the  United  States  and 
France,  with  the  report  of  the  negotiations  by  the  En- 
voys, but  not  their  instructions,  being  laid  before  the 
Senate,  the  instructions  were  asked  for,  and  communi- 
cated by  the  President. 

The  mode  of  voting  on  questions  of  ratification,  is  by 
nominal  call. 

Whenever  a  treaty  shall  be  laid  before  the  Senate  for 
ratification,  it  shall  be  read  a  first  time  for  information 
only;  when  no  motion  to  reject,  ratify,  or  modify  the 
whole  or  any  part,  shall  be  received. 

Its  second  reading  shall  be  for  consideration  ;  and  on 
a  subsequent  day,  when  it  shall  be  taken  up  as  in  a 
committee  of  the  whole,  and  every  one  shall  be  free  to 
move  a  question  on  any  particular  article  in  this  form, 
"  Will  the  Senate  advise  and  consent  to  the  ratification 
of  this  article  ?"  or  to  propose  amendments  thereto, 
either  by  inserting  or  by  leaving  out  words,  in  which 
last  case  the  question  shall  be,  "  Shall  the  words  stand 
part  of  the  article  ?"  And  in  every  of  the  said  cases, 
the  concurrence  of  two-thirds  of  the  Senators  present 
shall  be  requisite  to  decide  affirmatively.  And  when 
through  the  whole,  the  proceedings  shall  be  stated  to  the 
House,  and  questions  be  again  severally  put  thereon  for 
confirmation,  or  new  ones  proposed,  requiring  in  like 


IMPEACHMENT.  141 

manner  a  concurrence  of  two-thirds  for  whatever  is  re- 
tained or  inserted. 

The  votes  so  confirmed  shall,  by  the  House,  or  a  com- 
mittee thereof,  be  reduced  into  the  form  of  a  ratification 
with  or  without  modifications,  as  may  have  been  decided, 
and  shall  be  proposed  on  a  subsequent  day,  when  every 
one  shall  again  be  free  to  move  amendments,  either  by 
inserting  or  leaving  out  words ;  in  which  last  case  the 
question  shall  be,  "  Shall  the  words  stand  part  of  the  re- 
solution ?"  And  in  both  cases  the  concurrence  of  two- 
thirds  shall  be  requisite  to  carry  the  affirmative  :  as  well 
as  on  the  final  question  to  advise  and  consent  to  the  rati- 
fication in  the  form  agreed  to. — Rule  37. 

When  any  question  may  have  been  decided  by  the 
Senate,  in  which  two-thirds  of  the  members  present  are 
necessary  to  carry  the  affirmative,  any  member  who 
voted  on  that  side  which  prevailed  in  the  question,  may 
be  at  liberty  to  move  for  a  re-consideration ;  and  a  mo- 
tion for  re-consideration  shall  be  decided  by  a  majority 
of  votes. — Rule  44. 


SECTION  LIII. 

IMPEACHMENT. 

The  House  of  Representatives  shall  have  the  sole 
power  of  impeachment. — Const.  U.  S.  Art.  I.  Sec.  3. 

The  Senate  shall  have  the  sole  power  to  try  all  im- 
peachments. When  sitting  for  that  purpose,  they  shall 
be  on  oath  or  affirmation.  When  the  President  of  the 
United  Ststes  is  tried,  the  Chief  Justice  shall  preside  : 
and  no  person  shall  be  convicted  without  the  concur- 


142  1MPEACMMENT. 

rence  of  two-thirds  of  the  members  present. 
in  cases  of  impeachment,  shall  not  extend  further  than 
to  removal  from  office,  and  disqualification  to  hold  and  en- 
joy any  office  of  honour,  trust,  or  profit,  under  the  United 
States.  But  the  party  convicted  shall  nevertheless  be 
liable  and  subject  to  indictment,  trial,  judgment,  and 
punishment,  according  to  law. — Const.  U.  S.  Art.  I. 
Sec.  3. 

The  President,  Vice  President,  and  all  civil  officers  of 
the  United  States,  shall  be  removed  from  office  on  im- 
peachment for,  and  conviction  of,  treason,  bribery,  or 
other  high  crimes  and  misdemeanors. — Const.  U.  S. 
Art.  II.  Sec.  4. 

The  trial  of  crimes,  except  in  cases  of  impeachment, 
shall  be  by  jury.— Const.  U.  S.  Art.  HI.  Sec.  2. 

These  are  the  provisions  of  the  Constitution 
of  the  United  States  on  the  subject  of  impeach- 
ments. The  following  is  a  sketch  of  some  of 
the  principles  and  practices  of  England  on  the 
same  subject. 

Jurisdiction. — The  Lords  cannot  impeach 
any  to  themselves,  nor  join  in  the  accusation, 
because  they  are  judges. — Seld.  Judic.  in  ParL 
12.  63.  Nor  can  they  proceed  against  a  com- 
moner but  on  complaint  of  the  Commons. — id. 
84.  The  Lords  may  not,  by  the  law,  try  a 
commoner  for  capital  offence,  on  the  informa- 
tion of  the  King,  or  a  private  person ;  because 
the  accused  is  entitled  to  a  trial  by  his  peers 
generally ;  but  on  accusation  by  the  House  of 
Commons,  they  may  proceed  against  the  delin- 
quent, of  whatsoever  degree,  and  whatsoever  be 
the  nature  of  the  offence ;  for  there  they  do  not 
assume  to  themselves  trial  at  common  law.  The 


IMPEACHMENT.  143 

Commons  are  then  instead  of  a  jury,  and  the 
judgment  is  given  on  their  demand,  which  is  in- 
stead of  a  verdict.  So  the  Lords  do  only  judge 
but  not  try  the  delinquent. — id.  6,  7.  But 
Wooddeson  denies  that  a  commoner  can  now  be 
charged  capitally  before  the  Lords,  even  by  the 
Commons;  and  cites  Fitzharris's  case,  1681, 
impeached  of  high  treason,  where  the  Lords  re- 
mitted the  prosecution  to  the  inferior  court. — 8 
Grey's  Deb.  325,  6,  7—2  Wooddewn,Wl.  576 
—3  Seld,  1610.  1619.  1641—4  flack.  257—3 
Seld.  1604.  1618,  9.  1656. 

Accusation. — The  Commons,  as  the  grand 
inquest  of  the  nation,  become  suitors  for  penal 
justice.— 2  Woodd.  597 — 6  Grey,  356.  The 
general  course  is  to  pass  a  resolution,  containing 
a  criminal  charge  against  the  supposed  delin- 
quent, and  then  to  direct  some  member  to  im- 
peach him  by  oral  accusation,  at  the  bar  of  the 
House  of  Lords,  in  the  name  of  the  Commons. 
The  person  signifies,  that  the  articles  will  be 
Exhibited,  and  desires  that  the  delinquent  may 
be  sequestered  from  his  seat,  or  be  committed, 
or  that  the  Peers  will  take  order  for  his  appear- 
ance.— Sachev.  Trial.  325 — 2  Woodd.  602. 
605— Zon/s'  Jour.  3.  June,  1701 — 1  Wms. 
616—6  Grey,  324. 

Process. — If  the  party  do  not  appear,  procla- 
mations are  to  be  issued,  giving  him  a  day  to 
appear.  On  their  return  they  are  strictly  ex- 
amined. If  any  error  be  found  in  them,  a  new 
proclamation  issues,  giving  a  short  day.  If  he 


144  IMPEACHMENT. 

appear  not,  his  goods  may  be  arrested,  and  they 
may  proceed.— Seld.  Jud.  98,  99. 

Articles.' — The  accusation  (article)  of  the 
Commons,  is  substituted  in  place  of  an  indict- 
ment. Thus,  by  the  usage  of  Parliament  in 
impreachment  for  writing  or  speaking,  the  par- 
ticular words  need  not  be  specified. — Sack.  Tr. 
325__2  Woodd.  602.  605— -Lords'  Journ.  3. 
June,  1701—1  Wms.  616. 

Appearance. — If  he  appears,  and  the  case  be 
capital,  he  answers  in  custody  ;  though  not  if 
the  accusation  be  general.  He  is  not  to  be  com- 
mitted but  on  special  accusations.  If  it  be  for 
a  misdemeanor  only,  he  answers,  a  Lord  in  his 
place,  a  Commoner  at  the  bar,  and  not  in  cus- 
tody, unless,  on  the  answer,  the  Lords  find 
cause  to  commit  him  till  he  find  sureties  to  at- 
tend, and  lest  he  should  fly.— Seld.  Jud.  98,  99. 
A  copy  of  the  articles  is  given  him,  and  a  day 
fixed  for  his  answer. — T.  Ray — 1  Rushw.  268 
— Post.  232—1  Clar.  Hist,  of  the  Reb.  379. 
On  a  misdemeanor,  his  appearance  may  be  in 
person,  or  he  may  answer  in  writing,  or  by 
attorney. — Seld.  Jud.  100.  The  general  rule 
on  an  accusation  for  a  misdemeanor  is,  that  in 
such  a  state  of  liberty  or  restraint  as  the  party  is 
when  the  Commons  complain  of  him,  in  such 
he  is  to  answer. — Seld.  Jud.  101.  If  previous- 
ly committed  by  the  Commons,  he  answers  as 
a  prisoner.  But  this  may  be  called,  in  some 
sort,  judicium  parium  suorum. — Seld.  Jud.  In 
misdemeanors,  the  party  has  a  right  to  counsel 


IMPEACHMENT.  145 

by  the  common  law  ;  but  not  in  capital  cases.— 
Seld.  Jud.  102—5. 

Answer.— The  answer  need  not  observe 
great  strictness  of  form.  He  may  plead  guilty 
as  to  part,  and  defend  as  to  the  residue  ;  or, 
saving  all  exceptions,  deny  the  whole,  or  give 
a  particular  answer  to  each  article  separately. — 
1  Rush.  274—2  Rush.  1374—12  Parl.  Hist. 
442—3  Lords'  Journ.  13  Nov.  1643—2  Wood. 
607.  But  he  cannot  plead  a  pardon  in  bar  to 
the  impeachment. — 2  Wood.  618 — 2  St.  Tr. 
735. 

Replication,  rejoinder,  fyc. — There  may  be  a 
replication,  rejoinder,  &c. — Seld.  Jud.  114 — 8 
Grey's  Deb.  233— Sack.  Tr.  15— Journ.  H.  of 
Commons,  6  March,  1640,  1. 

Witnesses. — The  practice  is  to  swear  the  wit- 
ness in  open  House,  and  then  examine  them 
there  :  or  a  committee  may  be  named,  who 
shall  examine  them  in  committee  either  on  in- 
terrogatories agreed  on  in  the  House,  or  such  as 
the  committee,  in  their  discretion,  shall  demand. 
Seld.  Jud.  120.  123. 

Jury. — In  the  case  of  Alice  Pierce,  1  R.  2.  a 
jury  was  empannelled  for  her  trial  before  a  com- 
mittee.— Seld.  Jud.  123.  But  this  was  on  a 
complaint,  not  on  impeachment  by  the  Com- 
mons.— Seld.  Jud.  163.  It  must  ateo  have  been 
for  a  misdemeanor  only,  as  the  Lords  Spiritual 
sat  in  the  case,  which  they  do  on  misdemeanors, 
but  not  in  capital  cases. — Seld.  Jud.  148.  The 
judgment  was  a  forfeiture  of  all  her  lands  and 
K 


146  IMPEACHMENT. 

goods. — Seld.  Jud.  188.    This,  Selden  says,  is 
the  only  jury  he  finds  recorded  in  Parliament 
for  misdemeanors ;  but  he  makes  no  doubt  if 
the  delinquent  doth  put  himself  on  the  trial  of 
his  country,  a  jury  ought  to  be  empannelled  ; 
and    he    adds,  that  it  is  not    so   on  impeach- 
ment by  the  Commons ;  for  they  are  in  oco 
propriO)  and  here  no  jury  ought  to  be  empan- 
nelled.— Id.  124.     The  Lord  Berkley,  6  E.  3. 
was  arraigned  for  the  murder  of,  L.  2.  on  an  in- 
formation on  the  part  of  the  King,  and  not  on 
impeachment  of  the  Commons ;  for  then  they 
had  been  patria  sua.     He  waived  his  peerage, 
and  was  tried  by  a  jury  of  Gloucestershire  and 
Warwickshire.— /d.  125.     In  one,  1  H.  7.  the 
Commons  protest  that  they  are  not  to  be  consi- 
dered as  parties  to  any  judgment  given,  or  here- 
after to  be  given  in  Parliament. — Id.  133.  They 
have  been  generally,  and  more  justly  consider- 
ed, as  is  before  stated,  as  the  grand  jury.     For 
the  conceit  of  Selden  is  certainly  not  accurate, 
that  they  are  the  patria  sua  of  the  accused,  and 
that  the  Lords  do  only  judge,  but  not  try.     It  is 
undeniable  that  they  do  try.     For  they  examine 
witnesses  as  to  the  facts,  and  acquit  or  condemn 
according  to  their  own  belief  of  them.     And 
Lord  Hale  says,  « the  Peers  are  judges  of  law 
as  well  as  of  fact.'— 2  Hale,  P.  C.  275.     Con- 
sequently of  fact  as  well  as  of  law. 

Presence  of  Commons. — The  Commons  are 
to  be  present  at  the  examination  of  witnesses. — 
Seld.  Jud.  124.  Indeed,  they  are  to  attend 


IMPEACHMENT.  147 

throughout,  either  as  a  committee  of  the  whole 
House;  or  otherwise,  at  discretion,  appoint 
managers  to  conduct  the  proofs. — Rushw.  Tr. 
of  Straff.  37— Com.  Journ.  4  Feb.  1709,  10. 
2  Wood.  614.  And  judgment  is  not  to  be  given 
till  they  demand  it. — Seld.  Jud.  124,  But  they 
are  not  to  be  present  on  impeachment  when  the 
Lords  consider  of  the  answer  or  proofs,  and  de- 
termine of  their  judgment.  Their  presence, 
however,  is  necessary  at  the  answer  and  judg- 
ment in  cases  capital. — Id.  58.  159  ;  as  well  as 
not  capital,  162.  The  Lords  debate  the  judg- 
ment among  themselves.  Then  the  vote  is  first 
taken  on  the  question  of  guilty  or  not  guilty ; 
and  if  they  convict,  the  question,  or  particular 
sentence,  is  out  of  that  which  seerneth  to  be 
most  generally  agreed  on. — Seld.  Jud.  1 67 — 2 
Wood.  612. 

Judgment. — Judgments  in  Parliament,  for 
death,  have  been  strictly  guided  per  legem  terrse, 
which  they  cannot  alter :  and  not  at  all  accord- 
ing to  their  discretion.  They  can  neither  omit 
any  part  of  the  legal  judgment,  nor  add  to  it. 
Their  sentence  must  be  secundum,  non  ultra 
legem.— Seld.  Jud.  168,  169,  170,  171.  This 
trial,  though  it  varies  in  external  ceremony,  yet 
differs  not  in  essentials  from  criminal  prosecu- 
tions before  inferior  courts.  The  same  rules  of 
evidence,  the  same  legal  notions  of  crimes  and 
punishments,  prevail.  For  impeachments  were 
not  framed  to  alter  the  law,  but  to  carry  it  into 
more  effectual  execution  against  too  powerful 


148  IMPEACHMENT. 

delinquents.  The  judgment,  therefore,  is  to  be 
such  as  is  warranted  by  legal  principles  or  pre- 
cedents.—6  Sta.  Tr.  14—2  Wood.  611.  The 
Chancellor  gives  judgments  in  misdemeanors; 
the  Lord  High  Steward,  formerly,  in  cases  of 
life  and  death. — Setd.  Jud.  180.  But  now  the 
Steward  is  deemed  not  necessary. — Post.  144 — 
1  Woodd.  613.  In  misdemeanors,  the  greatest 
corporal  punishment  hath  been  imprisonment. 
— Seld.  Jud.  184.  The  King's  assent  is  neces- 
sary in  capital  judgments,  (but  2  Woodd.  614. 
contra,)  but  not  in  misdemeanors. — Seld.  Jud. 
136. 

Continuance. — An  impeachment  is  not  dis- 
continued by  the  dissolution  of  Parliament ;  but 
may  be  resumed  by  the  new  Parliament. —  T. 
Ray.  383—5  Com.  Jour.  23  Dec.  1790— Lords' 
Jour.  May  16,  1791—2  Woodd.  618. 


RULES 


FOR 

CONDUCTING  BUSINESS 

IN  THE 

SENATE  OF  THE  UNITED  STATES. 


1.  The  President  having  taken  the  chair,  and 
a  quorum  being  present,  the  journal  of  the  pre- 
ceding day  shall  be  read,  to  the  end  that  any 
mistake  may  be  corrected  that  shall  be  made  in 
the  entries. 

2.  No  member  shall  speak  to  another,  or 
otherwise  interrupt  the  business  of  the  Senate, 
or  read  any  newspaper,  while  the  journals  or 
public  papers  are  reading,  or  when  any  member 
is  speaking  in  any  debate. 

3.  Every  member,   when   he   speaks,  shall 
address  the  chair,  standing  in  his  place,  and, 
when  he  has  finished,  shall  sit  down. 

4.  No  member  shall  speak  more  than  twice, 
in  any  one  debate,  on  the  same  day,  without 
leave  of  the  Senate. 


150  RULES  OF  THE  SENATE. 


the 


'5.  When  two  members  rise  at  the  same  time, 
.e  President  shall  name  the  person  to  speak ; 
but  in  all  cases  the  member  who  shall  first  rise 
and  address  the  chair,  shall  speak  first. 

6.  When  a  member  shall  be  called  to  order, 
by  the  President  or  a  Senator,  he  shall  sit  down ; 
and  every  question  out  of  order  shall  be  decided 
by  the  President  without  debate,  subject  to  an 
appeal  to  the  Senate  ;  and  the  President  may 
call  for  the  sense  of  the  Senate  on  any  question 
of  order. 

7.  If  the  member  be  called  to  order  by  a  Se- 
nator for  words  spoken,  the  exceptionable  words 
shall  immediately  be  taken  down  in  writing, 
that  the   President  may  be  better  enabled  to 
judge  of  the  matter. 

8.  No  member  shall  absent  himself  from  the 
service  of  the  Senate,  without  leave  of  the  Se- 
nate first  obtained.    And,  in  case  a  less  number 
than  a  quorum  of  the  Senate  shall  convene,  they 
are  hereby  authorized  to  send  the  sergeant-at- 
arms,  or  any  other  person  or  persons  by  them 
authorized,  for  any  or  all  absent  members,  as  the 
majority  of  such  members  present  shall  agree, 
at  the  expense  of  such  absent  members,  respec- 
tively, unless  such  excuse  for  non-attendance 
shall  be  made  as  the  Senate,  when  a  quorum  is 
convened,  shall  judge  sufficient;  and,  in  that 
case,  the  expense  shall  be  paid  out  of  the  con- 
tingent fund.     And  this  rule  shall  apply  as  well 
to  the  first  convention  of  the  Senate,  at  the  legal 
time  of  meeting,  as  to  each  day  of  the  session, 


RULES  OF  THE  SENATE.  151 

after  the  hour  has  arrived  to  which  the  Senate 
stood  adjourned. 

9.  No  motion  shall  be  debated  until  the  same 
shall  be  seconded. 

10.  When  a  motion  shall  be  made  and  se- 
conded, it  shall  be  reduced  to  writing,  if  desired 
by  the  President,  or  any  member,  delivered  in 
at  the  table,  and  read,  before  the  same  shall  be 
debated. 

11.  When  a  question  is  under  debate,  no  mo- 
tion shall  be  received  but  to  adjourn,  to  He  on 
the  table,  to  postpone  indefinitely,  to  postpone  to 
a  day  certain,  to  commit,  or  to  amend ;  which 
several  motions  shall  have  precedence  in  the  or- 
der they  stand  arranged,  and  the  motion  for  ad- 
journment shall  always  be  in  order,  and  be  de- 
cided without  debate. 

12.  If  the  question  in  debate  contain  several 
points,  any  member  may  have  the  same  divided : 
but,  on  a  motion  to  strike  out  and  insert,  it  shall 
not  be  in  order  to  move  for  a  division  of  the 
question :  but  the  rejection  of  a  motion  to  strike 
out  and  insert  one  proposition  shall  not  prevent 
a  motion  to  strike  out  and  insert  a  different  pro- 
position ;  nor  prevent  a  subsequent  motion,  sim- 
ply to  strike  out :  nor  shall  the  rejection  of  a 
motion,  simply  to  strike  out,  prevent  a  subse- 
quent motion  to  strike  out  and  insert. 

13.  In  filling  up  blanks,  the  largest  sum  and 
longest  time  shall  be  first  put. 

14.  When  the  reading  of  a  paper  is  first  call- 
ed for,  and  the  same  is  objected  to  by  any  mem- 


152  RULES  OF  THE  SENATE. 

ber,  it  shall  be  determined  by  a  vote  of  the  Se- 
nate, and  without  debate. 

15.  The  unfinished  business  in  which  the 
Senate  was  engaged  at  the  last  preceding  ad- 
journment,   shall   have   the  preference   in  the 
special  orders  of  the  day. 

16.  When  the  yeas  and  nays  shall  be  called 
for  by  one-fifth  of  the  members  present,  each 
member  called   upon  shall,  unless  for  special 
reason  he  be  excused  by  the  Senate,  declare 
openly,  and  without  debate,  his  assent  or  dis- 
sent to  the  question.     In  taking  the  yeas  and 
nays,  and  upon   the  call   of  the   House,  the 
names  of  the  members  shall  be  taken  alphabeti- 
cally. 

17.  When  the  yeas  and  nays  shall  be  taken 
upon  any  question,  in  pursuance  of  the  above 
rule,  no  member  shall  be  permitted,  under  any 
circumstances  whatever,  to  vote  after  the  decision 
is  announced  from  the  chair. 

18.  On  a  motion  made  and  seconded  to  shut 
the  doors  of  the  Senate,  on  the  discussion  of  any 
business  which  may,  in  the  opinion  of  a  mem- 
ber, require  secrecy,  the  President  shall  direct 
the  gallery  to  be  cleared ;  and,  during  the  dis- 
cussion of  such  motion,  the  doors  shall  remain 
shut. 

19.  No  motion  shall  be  deemed  in  order,  to 
admit  any  person  or  persons  whatsoever  within 
the  doors  of  the  Senate  chamber  to  present  any 
petition,  memorial,  or  address,  or  to  hear  any 
such  read. 


RULES  OF  THE  SENATE.  153 

20.  When  a  question  has  been  once  made 
and  carried  in  the   affirmative  or  negative,  it 
shall  be  in  order  for  any  member  of  the  majority 
to   move   for  the  reconsideration  thereof:   but 
no  motion  for  the  reconsideration  of  any  vote 
shall  be  in  order  after  a  bill,  resolution,  mes- 
sage, report,  amendment,  or  motion,  upon  which 
the  vote  was  taken,  shall  have  gone  out  of  the 
possession  of  the  Senate,  announcing  their  de- 
cision ;  nor  shall  any  motion  for  reconsideration 
be  in  order,  unless  made  on  the  same  day  on 
which  the  vote  was  taken,  or  wi'thin  the  two 
next  days  of  actual  session  of  the  Senate  there- 
after. 

21.  When  the  Senate  are  equally  divided,  the 
secretary  shall  take  the  decision  of  the  Presi- 
dent. 

22.  All  questions  shall  be  put  by  the  Presi- 
dent of  the  Senate,  either  in  the  presence  or  ab- 
sence of  the  President  of  the  United  States,  and 
the  Senators  shall  signify  their  assent  or  dissent, 
by  answering,  ay  or  no. 

23.  The  Vice-President,  or  President  of  the 
Senate  pro  tempore,  shall  have  the  right  to  name 
a  member  to  perform  the  duties  of  the  chair ; 
but  such  substitution  shall  not  extend  beyond 
an  adjournment. 

24.  Before  any  petition  or  memorial,  address- 
ed to  the  Senate,  shall  be  received  and  read  at 
the  table,  whether  the  same  shall  be  introduced 
by  the  President  or  a  member,  a  brief  statement 


154  RULES  OF  THE  SENATE. 

of  the  contents  of  the  petition  or  memorial  shall 
verbally  be  made  by  the  introducer. 

25.  One  day's  notice,  at  least,  shall  be  given 
of  an  intended  motion  for  leave  to  bring  in  a 
bill ;  and  all  bills  reported  by  a  committee  shall, 
after  the  first  reading,  be  printed  for  the  use  of 
the  Senate :  but  no  other  paper  or  document 
shall  be  printed  for  the  use  of  the  Senate,  with- 
out special  order. 

26.  Every  bill  shall  receive  three  readings 
previous  to  its  being  passed ;   and  the  President 
shall  give  notice  at  each,  whether  it  be  the  first, 
second,  or  third ;  which  readings  shall  be  on 
three  different  days,  unless  the  Senate  unani- 
mously direct  otherwise.     And  all  resolutions 
proposing  amendments  to  the  constitution,  or  to 
which  the  approbation  and  signature  of  the  Pre- 
sident may  be  requisite,  or  which  may  grant 
money  out  of  the  contingent,  or  any  other  fund, 
shall  be  treated  in  all  respects,  in  the  introduc- 
tion and  form  of  proceedings  on  them,  in  the 
Senate,  in  a  similar  manner  with  bills  :  and  all 
other  resolutions  shall  lie  on  the  table  one  day 
for  consideration,  and  also  reports  of  commit- 
tees. 

27.  No  bill  shall  be  committed  or  amended 
until  it  shall  have  been  twice  read,  after  which 
it  may  be  referred  to  a  committee. 

28.  All  bills  on  a  second  reading  shall  first  be 
considered  by  the  Senate  in  the  same  manner  as 
if  the  Senate  were  in  committee  of  the  whole, 
before  they  shall  be  taken  up  and  proceeded  on 


RULES  OF  THE  SENATE.  155 

by  the  Senate  agreeably  to  the  standing  rules, 
unless  otherwise  ordered.  And  when  the  Se- 
nate shall  consider  a  treaty,  bill,  or  resolution, 
as  in  committee  of  the  whole,  the  Vice-Pre- 
sident, or  President  pro  tempore,  may  call  a 
member  to  fill  the  chair,  during  the  time  the 
Senate  shall  remain  in  committee  of  the  whole : 
and  the  chairman  so  called  shall,  during  such 
time,  have  the  powers  of  a  President  pro  tem- 
pore. 

29.  The  final  question,  upon  the  second  read- 
ing of  every  bill,  resolution,  constitutional 
amendment,  or  motion,  originating  in  the  Se- 
nate, and  requiring  three  readings  previous  to 
being  passed,  shall  be,  "  Whether  it  shall  be 
engrossed  and  read  a  third  time  ?"  and  no  amend- 
ment shall  be  received  for  discussion  at  the 
third  reading  of  any  bill,  resolution,  amend- 
ment, or  motion,  unless  by  unanimous  consent 
of  the  members  present :  but  it  shall  at  all  times 
be  in  order,  before  the  final  passage  of  any  such 
bill,  resolution,  constitutional  amendment,  or 
motion,  to  move  its  commitment ;  and  should 
such  commitment  take  place,  and  any  amend- 
ment be  reported  by  the  committee,  the  said  bill, 
resolution,  constitutional  amendment,  or  motion, 
shall  be  again  read  a  second  time,  and  consider- 
ed as  in  committee  of  the  whole,  and 'then  the 
aforesaid  question  shall  be  again  put. 

30.  The  special  orders  of  the  day  shall 
not  be  called  by  the  chair  before  one  o'clock, 
unless  otherwise  directed  by  the  Senate. 


156  RULES  OF  THE  SENATE. 

31.  The  titles  of  bills,  and  such  parts  thereof 
only  as  shall  be  affected  by  proposed  amend- 
ments, shall  be  inserted  on  the  journals. 

32.  The  proceedings  of  the  Senate,  when  not 
acting  as  in  committee  of  the  whole,  shall  be 
entered  on  the  journal  as  concisely  as  possible, 
care  being  taken  to  detail  a  true  and  accurate  ac- 
count of  the  proceedings  :  but  every  vote  of  the 
Senate  shall  be  entered  on  the  journal,  and  a 
brief  statement  of  the  contents  of  each  petition, 
memorial,  or  paper,  presented  to  the  Senate, 
shall  also  be  inserted  on  the  journal. 

33.  The  following  Standing  Committees,  to 
consist  of  five  members  each,  shall  be  appointed 
at   the   commencement  of  each  session,  with 
leave  to  report  by  bill  or  otherwise. 

A  Committee  on  Foreign  Relations. 
A  Committee  on  Finance. 
A  Committee  on  Commerce. 
A  Committee  on  Manufactures, 
A  Committee  on  Agriculture. 
A  Committee  on  Military  Affairs. 
A  Committee  on  the  Militia. 
A  Committee  on  Naval  Affairs. 
A  Committee  on  Public  Lands. 
A  Committee  on  Private  Land  Claims. 
A  Committee  on  Indian  Affairs. 
A  Committee  of  Claims. 
A  Committee  on  the  Judiciary. 
A  Committee  on  the  Post  Office  and  Post 
Roads. 

A  Committee  on  Roads  and  Canals. 


RULES  OF  THE  SENATE.  157 

A  Committee  on  Pensions. 

A  Committee  on  the  District  of  Columbia. 

A  Committee  of  three  members,  whose  duty 
it  shall  be  to  audit  and  control  the  contingent 
expenses  of  the  Senate. 

And  a  Committee,  consisting  of  three  mem- 
bers, whose  duty  it  shall  be  to  examine  all  bills, 
amendments,  resolutions,  or  motions,  before 
they  go  out  of  possession  of  the  Senate,  and  to 
make  report  that  they  are  correctly  engrossed, 
by  delivery  to  the  secretary ;  which  report  shall 
be  entered  on  the  journal. 

34.  In  the  appointment  of  the  Standing  Com- 
mittees, the  Senate  will  proceed,  by  ballot,  se- 
verally, to  appoint  the  chairman  of  each  com- 
mittee, and  then,  by  one  ballot,  the  other  mem- 
bers necessary  to  complete  the  same ;    and  a 
majority  of  the  whole  number  of  votes  given 
shall  be  necessary  to  the  choice  of  a  chairman 
of  a  Standing  Committee.  All  other  committees 
shall  be  appointed  by  ballot,  and  a  plurality  of 
votes  shall  make  a  choice.     When  any  subject 
or  matter  shall  have  been  referred  to  a  commit- 
tee, any  other  subject  or  matter  of  a  similar  na- 
ture may,  on  motion,  be  referred  to  such  com- 
mittee. 

35.  When  motions  are  made  for  reference  of 
the  same  subject  to  a  select  committee,  and  to  a 
standing  committee,  the  question  on  reference 
to  the  standing  committee  shall  be  first  put. 

36.  When  nominations    shall  be  made   in 
writing  by  the  President  of  the  United  States  to 


158  RULES  OF  THE  SENATE. 

the  Senate,  a  future  day  shall  be  assigned,  un- 
less the  Senate  unanimously  direct  otherwise, 
for  taking  theni  into  consideration.  When 
the  President  of  the  United  States  shall  meet 
the  Senate  in  the  Senate  Chamber,  the  Presi- 
dent of  the  Senate  shall  have  a  chair  on  the 
floor,  be  considered  as  the  head  of  the  Senate, 
and  his  chair  shall  be  assigned  to  the  President 
of  the  United  States.  When  the  , Senate  shall 
be  convened  by  the  President  of  the  United 
States  to  any  other  place,  the  President  of  the 
Senate  and  Senators  shall  attend  at  the  place 
appointed.  The  secretary  of  the  Senate  shall 
also  attend  to  take  the  minutes  of  the  Senate. 

37.  Whenever  a  treaty  shall  be  laid  before 
the  Senate  for  ratification,  it  shall  be  read  a  first 
time  for  information  only ;  when  no  motion  to 
reject,  ratify,  or  modify,  the  whole,  or  any  part, 
shall  be  received.  Its  second  reading  shall  be 
for  consideration,  and  on  a  subsequent  day ; 
when  it  shall  be  taken  up,  as  in  committee  of 
the  whole,  and  every  one  shall  be  free  to  move 
a  question  on  any  particular  article,  in  this  form : 
"  Will  the  Senate  advise  and  consent  to  the  rati- 
fication of  this  article  ?"  or  to  propose  amend- 
ments thereto,  either  by  inserting  or  by  leaving 
out  words ;  in  which  last  case,  the  question  shall 
be,  "  Shall  these  words  stand  as  part  of  the  arti- 
cle ?"  And  in  every  of  the  said  cases,  the  con- 
currence of  two-thirds  of  the  Senators  present 
shall  be  requisite  to  decide  affirmatively.  And 
when  through  the  whole,  the  proceedings  shall 


RULES  OF  THE  SENATE.  159 

be  stated  to  the  House,  and  questions  shall  be 
again  severally  put  thereon  for  confirmation,  or 
new  ones  proposed,  requiring,  in  like  manner,  a 
concurrence  of  two-thirds,  for  whatever  is  re- 
tained or  inserted;  the  votes  so  confirmed  shall, 
by  the  House,  or  a  committee  thereof,  be  re- 
duced into  the  form  of  a  ratification,  with  or 
without  modifications,  as  may  have  been  de- 
cided, and  shall  be  proposed  on  a  subsequent 
day,  when  every  one  shall  again  be  free  to  move 
amendments,  either  by  inserting  or  leaving  out 
words ;  in  which  last  case,  the  question  shall 
be,  "  Shall  these  words  stand  as  part  of  the 
resolution?"  And  in  both  cases,  the  concurrence 
of  two-thirds  shall  be  requisite  to  carry  the  af- 
firmative, as  well  as,  on  the  final  question,  to 
advise  and  consent  to  the  ratification  in  the  form 
agreed  to. 

38.  All  confidential   communications,  made 
by  the  President  of  the  United  States  to  the 
Senate,  shall  be  by  the  members  thereof  kept 
secret ;  and  all  treaties  which  may  be  laid  be- 
fore the  Senate  shall  also  be  kept  secret,  until 
the  Senate  shall,  by  their  resolution,  take  off  the 
injunction  of  secrecy. 

39.  All  information  or  remarks,  touching  or 
concerning  the  character  or  qualifications  of  any 
person  nominated  by  the  President  to  office, 
shall  be  kept  secret. 

40.  When  acting  on  confidential  or  executive 
business,  the  Senate  shall  be  cleared  of  all  per- 
sons, except  the  secretary,  the  principal  or  the 


160  RULES  OF  THE  SENATE. 

executive  clerk,  the  sergeant-at-arms,  and  door- 
keeper, and  the  assistant  doorkeeper. 

41.  The  legislative  proceedings,  the  execu- 
tive proceedings,  and  the  confidential  legislative 
proceedings,  of  the  Senate,  shall  be  kept  in  se- 
parate and  distinct  books. 

42.  The  President  of  the  United  States  shall, 
from  time  to  time,  be  furnished  with  an  authen- 
ticated transcript  of  the  executive  records  of  the 
Senate ;  and  all  nominations  approved,  or  de- 
finitively acted  on  by  the  Senate,  shall  be  re- 
turned by  the  secretary  from  day  to  day,  as  such 
proceedings  may  occur ;  but  no  further  extract 
from  the  executive  journal  shall  be  furnished, 
except  by  special  order ;  and  no  paper,  except 
original  treaties,  transmitted  to  the  Senate  by  the 
President  of  the  United  States,  or  any  executive 
officer,  shall  be  returned  or  delivered  from  the 
office  of  the  secretary,  without  an  order  of  the 
Senate  for  that  purpose. 

43.  When  an  amendment  to  be  proposed  to 
the  Constitution  is  under  consideration,  the  con- 
currence of  two-thirds  of  the  members  present 
shall  not  be  requisite  to  decide  any  question  for 
amendments,  or  extending  to  the  merits,  being 
short  of  the  final  question. 

44.  When  any  question  may  have  been  de- 
cided by  the  Senate,  in  which  two-thirds  of  the 
members  present  are  necessary  to  carry  the  af- 
firmative, any  member,  who  votes  on  that  side 
which   prevailed  in  the  question,  may  be   at 
liberty  to  move  for  a  reconsideration  ;  and  a  mo- 


RULES  OF  THE  SENATE.  161 

tion  for  reconsideration  shall  be  decided  by  a 
majority  of  votes. 

45.  Messages  shall  be  sent  to  the  House  of 
Representatives   by  the    Secretary,  who   shall 
previously  endorse  the  final  determination  of 
the  Senate  thereon. 

46.  Messengers  are  introduced  in  any  state 
of  business,  except  while  a  question  is  putting, 
while  the  yeas  and  nays  are  calling,  or  while 
the  ballots  are  counting. 

47.  The  presiding  officer  of  the  Senate  shall 
have  the  regulation  of  such  parts  of  the  Capitol 
and  of  its  passages,  as  are  or  may  be  set  apart 
for  the  use  of  the  Senate  and  its  officers. 

48.  The  secretary  of  the  Senate,  the  sergeant- 
at-arms,  and  doorkeeper,  and  the  assistant  door- 
keeper, shall  be  chosen  on  the  second  Monday 
of  the  first  session  of  the  21st  Congress,  and  on 
the  same  day  of  the  first  session  of  every  suc- 
ceeding Congress. 

49.  After  the  journal  is  read,  the  President 
shall  first  call   for   petitions,  and  then  for  re- 
ports from  standing  committees  ;   and  every  pe- 
tition or  memorial,  or  other  paper,  shall  be  re- 
ferred, of  course,  without  putting  a  question  for 
that  purpose,  unless  the  reference  is  objected  to 
by  a  member  at  the  time  such  petition,  memo- 
rial, or  other  paper,  is  presented. 


STANDING  RULES  AND  ORDERS 

FOR 

CONDUCTING  BUSINESS 

IN  THE 

HOUSE     OF     REPRESENTATIVES     OF    THE      UNITED 
STATES. 


TOUCHING  THE  DUTY  OF  THE  SPEAKER. 

1 .  He  shall  take  the  chair  every  day  precisely 
at  the  hour  to  which  the  House  shall  have  ad- 
journed on  the  preceding  day  ;  shall  immediate- 
ly call  the  members  to  order ;  and,  on  the  ap- 
pearance of  a  quorum,  shall  cause  the  Journal 
of  the  preceding  day  to  be  read. 

2.  He   shall  preserve   order    and   decorum ; 
may  speak  to  points  of  order  in  preference  to 
other  members,  rising  from  his  seat  for  that  pur- 
pose ;  and  shall  decide  questions  of  order,  sub- 
ject  to   an  appeal  to  the  House  by  any  two 
members,  on  which  appeal  no  member   shall 
speak  more  than  once,  unless  by  leave  of  the 
House, 


RULES  OF  THE  HOUSE.  163 

3.  He  shall  rise  to  put  a  question,  but  may 
State  it  sitting. 

4.  Questions  shall  be  distinctly  put  in  this 
form,  to  wit ;  "  As  many  as  are  of  opinion  that 
(as  the  question  may  be)  say  Aye ;"  and,  after 
the  affirmative  voice  is  expressed,  "  As  many  as 
are  of  the  contrary  opinion,  say  No."     If  the 
Speaker  doubts,  or  a  division  be  called  for,  the 
House  shall  divide ;  those  in  the  affirmative  of 
the  question  shall  first  rise  from  their  seats,  and 
afterwards  those  in  the  negative.    If  the  Speaker 
still  doubts,  or  a  count  be  required,  the  Speaker 
shall  name  two  members,  one  from  each  side,  to 
tell  the  members  in  the  affirmative,  which  being 
reported,  he  shall  then  name  two  others,  one 
from  each  side,  to  tell  those  in  the  negative, 
which  being  also  reported,  he   shall  rise  and 
state  the  decision  to  the  House. 

£  5.  When  any  motion  or  proposition  is  made, 
the  question,  "  Will  the  House  now  consider 
it?"  shall  not  be  put,  unless  it  is  demanded  by 
some  member,  or  is  deemed  necessary  by  the 
Speaker. 

6.  The  Speaker  shall  examine  and  correct 
the  Journal  before  it  is  read.     He  shall  have  a 
general  direction  of  the  Hall.     He  shall  have  a 
right  to  name  any  member  to  perform  the  duties 
of  the  chair,  but  such  substitution  shall  not  extend 
beyond  an  adjournment. 

7.  All  committees  shall  be  appointed  by  the 
Speaker,  unless  otherwise  specially  directed  by 
the  House.     In  which  case  they  shall  be  ap- 


164  RULES  OP  THE  HOUSE. 

pointed  by  ballot;  and  if,  upon  such  ballot,  the 
number  required  shall  not  be  elected  by  a  maj  * 
rity  of  the  votes  given,  the  House  shall  proceed 
to  a  second  ballot,  in  which  a  plurality  of  votes 
shall  prevail ;  and,  in  case  a  greater  number 
than  is  required  to  compose  or  complete  a  com- 
mittee shall  have  an  equal  number  of  votes,  the 
House  shall  proceed  to  a  further  ballot  or  bal- 
lots. 

8.  In  all  other  cases  of  ballot  than  for  com- 
mittees, a  majority  of  the  votes  given  shall  be 
necessary  to  an  election  :  and  where  there  shall 
not  be  such  a  majority  on  the  first  ballot,  the 
ballot  shall  be  repeated  until  a  majority  be  ob- 
tained. 

9.  In  all  cases  of  ballot  by  the  House,  the 
Speaker  shall  vote  :  in  other  cases  he  shall  not 
vote,  unless  the  House  be  equally  divided,  or 
unless  his  vote,  if  given  to  the  minority,  will 
make  the  division  equal ;  and  in  case  of  such 
equal  division,  the  question  shall  be  lost. 

10.  In  all  cases  where  other  than  members  of 
the  House  may  be  eligible  to  an  office  by  the 
election  of  the  House,  there  shall  be  a  previous 
nomination. 

11.  All  acts,  addresses,  and  joint  resolutions, 
shall  be  signed  by  the  Speaker ;  and  all  writs, 
warrants,  and  subposnas,  issued  by  order  of  the 
House,  shall  be  under  his  hand  and  seal,  attest- 
ed by  the  clerk. 

12.  In  case  of  any  disturbance  or  disorderly 
conduct  in  the  galleries  or  lobby,  the  Speaker 


RULES  OF  THE  HOUSE.  165 

(or  Chairman  of  the  Committee  of  the  Whole 
House,)  shall  have  power  to  order  the  same  to 
be  cleared. 

13.  No  person,  except  members  of  the  Se- 
nate, their  Secretary,  Heads  of  Departments, 
Treasurer,  Comptroller,  Register,  Auditor,  Post- 
master  General,  President's  Secretary,  Chap- 
lains to  Congress,  Judges  of  the  United  States, 
Foreign  Ministers  and  their  Secretaries,  officers 
who,  by  name,  have  received,  or  shall  hereafter 
receive,  the  thanks  of  Congress  for  their  gallan- 
try and  good  conduct  displayed  in  the  service  of 
their  country,  the  Commissioners  of  the  Navy 
Board,  Governor  for  the  time  being,  of  any  State 
or  Territory  of  the  Union,  who  may  attend  at 
the  Seat  of  the  General  Government  during  the 
session  of  Congress,  and  who  may  choose  to 
avail  himself  of  such  privilege,  such  gentlemen 
as  have  been  heads  of  Departments,  or  members 
of  either  branch  of  the  Legislature,  and,  at  the 
discretion  of  the  Speaker,  persons  who  belong 
to  such  Legislatures  of  foreign  Governments  as 
are  in  amity  with  the  United  States,  shall  be 
admitted  within  the  Hall  of  the  House  of  Repre- 
sentatives. 

14.  Stenographers,  wishing  to  take  down  the 
debates,  may  be  admitted  by  the  Speaker,  who 
shall  assign  such  places  to  them,  on  the  floor  or 
elsewhere,  to  effect  their  object,  as  shall  not  in- 
terfere with  the  convenience  of  the  House. 


166  RULES  OF  THE  HOUSE. 

ORDER  OF  BUSINESS  OF  THE  SESSION, 

15.  After  six  days  from  the  commencement 
of  a  second  or  subsequent  session  of  any  Con- 
gress, all  bills,  resolutions,  and  reports,  which 
originated  in  the  House,  and  at  the  close  of  the 
next  preceding  session  remained  undetermined, 
shall  be  resumed  and  acted  on  in  the  same  man- 
ner as  if  an  adjournment  had  not  taken  place. 

ORDER  OF  BUSINESS  OF  THE  DAY. 

16.  As   soon   as    the    Journal   is   read,   the 
Speaker  shall  call  for  petitions  from  the  mem- 
bers of  each  State,  and  delegates  from  each  Ter- 
ritory, beginning  with  Maine :  and  if,  on  any 
day,  the  whole  of  the  States  and  Territories 
shall  not  to  be  called,  the  Speaker  shall  begin 
on  the  next  day  where  he  left  off  the  previous 
day :  Provided,  That,  after  the  first  thirty  days 
of  the  session,  petitions  shall  not  be  received 
except  on  the  first  day  of  the  meeting  of  the 
House  in  each  week. 

17.  The  petitions  having  been  presented  and 
disposed  of,  reports,  first  from  the  standing,  and 
then  from  the  select  committees,  shall  be  called 
for,  and  disposed  of.     Resolutions  shall  then  be 
called  for  in  the  same  order,  and  disposed  of  by 
the  same  rules  which  apply  to  petitions :  Pro- 
vided, that  no  member  shall  offer  more  than  one 
resolution,  or  one  series  of  resolutions,  all  relat- 
ing to  the  same  subject,  until  all  the  States  and 


RULES  OF  THE  HOUSE.  167 

Territories  shall  have  been  called.  And  after 
one  hour  shall  have  been  devoted  to  reports  from 
committees  and  resolutions,  it  shall  be  in  order, 
pending  the  consideration  or  discussion  thereof* 
to  entertain  a  motion  that  the  House  do  now 
proceed  to .  dispose  of  the  business  on  the 
Speaker's  table,  and  to  the  orders  of  the  day  ; 
which  being  decided  in  the  affirmative,  the 
Speaker  shall  dispose  of  the  bills,  messages,  and 
communications  on  his  table,  and  then  proceed 
to  call  the  orders  of  the  day. 

18.  The  business  specified  in  'the  two  pre- 
ceding rules  shall  be  done  at  no  other  part  of 
the  day,  except  by  permission  of  the  House. 

LOCAL  OR  PRIVATE  BUSINESS. 

19*  Friday  and  Saturday  in  every  week  shall 
be  set  apart  for  the  consideration  of  private  bills 
and  private  business,  in  preference  to  any  other, 
unless  otherwise  determined  by  a  majority  of 
the  House. 

OF  DECORUM  AND  DEBATE. 

20.  When  any  member  is  about  to  speak  in 
debate,  or  deliver  any  matter  to  the  House,  he 
shall  rise  from  his  seat,  and  respectfully  address 
himself  to  "Mr.  Speaker,"  and  shall  confine 
himself  to  the  question  under  debate,  and  avoid 
personality. 

21.  If  any  member,  in  speaking  or  otherwise, 


168  RULES  OP  THE  HOUSE. 

transgress  the  rules  of  the  House,  the  Speaker 
shall,  or  any  member  may,  call  to  order  ;  in 
which  case  the  member  so  called  to  order  shall 
immediately  sit  down,  unless  permitted  to  ex- 
plain ;  and  the  House  shall,  if  appealed  to,  de- 
cide on  the  case,  but  without  debate  :  if  there  be 
no  appeal,  the  decision  of  the  chair  shall  be 
submitted  to.  If  the  decision  be  in  favour  of  the 
member  called  to  order,  he  shall  be  at  liberty  to 
proceed  ;  if  otherwise,  he  shall  not  be  permitted 
to  proceed  without  leave  of  the  House  ;  and,  if 
the  case  require  it,  he  shall  be  liable  to  the  cen- 
sure of  the  House. 

22.  When  two  or  more  members  happen  to 
rise  at  once,  the  Speaker  shall  name  the  member 
who  is  first  to  speak. 

23.  No  member  shall  speak  more  than  twice 
to   the   same   question,    without  leave    of  the 
House,  nor  more  than  once  until  every  member 
choosing  to  speak  shall  have  spoken. 

24.  If  a  question  pending  be  lost  by  adjourn- 
ment of  the  House,  and  revived  on  the  succeed- 
ing day,  no  member,  who  shall  have  spoken 
twice  on  the  preceding  day,  shall  be  permitted 
again  to  speak  without  leave. 

25.  Whilst  the  Speaker  is  putting  any  ques- 
tion, or  addressing  the  House,  none  shall  walk 
out  of  or  across  the  House  ;  nor,  in  such  case, 
or  when  a  member  is  speaking,  shall  entertain 
private    discourse ;    nor   whilst   a  member    is 
speaking,  shall  pass  between  him  and  the  chair. 

26.  No  member  shall  vote  on  any  question 


RULES  OF  THE  HOUSE.  169 

in  the  event  of  which  he  is  immediately  and  par- 
ticularly interested,  or  in  any  case  where  he  was 
not  present  when  the  question  was  put. 

27.  Upon  a  division  and  count  of  the  House 
on  any  question,  no  member  without  the  bar 
shall  be  counted. 

28.  Every  member  who  shall  be  in  the  House 
when  the  question  is  put  shall  give  his  vote, 
unless  the  House  for  special  reasons,  shall  ex- 
cuse him. 

29.  When  a  motion  is  made  and  seconded,  it 
shall  be  stated  by  the  Speaker;  or,   being  in 
writing,  it  shall  be  handed  to  the  chair,    and 
read  aloud  by  the  clerk  before  debated. 

30.  Every  motion  shall  be  reduced  to  writing, 
if  the  Speaker  or  any  member  desire  it. 

31.  After  a  motion  is  stated  by  the  Speaker, 
or  read  by  the  clerk,  it  shall  be  deemed  to  be 
in  the  possession  of  the  House,  but  may  be 
withdrawn   at  any  time  before  a   decision  or 
amendment. 

32.  When  a  question  is  under  debate,  no  mo- 
tion shall  be  received  but  to  adjourn,  to  lie  on 
the  table,  for  the  previous  question,  to  postpone 
to  a  day  certain,  to  commit  or  amend,  to  post- 
pone indefinitely  ;  which  several  motions  shall 
have  precedence  in  the  order  in  which  they  are 
arranged :  and  no  motion  to  postpone  to  a  day 
certain,  to  commit,  or  to  postpone  indefinitely, 
being  decided,  shall  be  again  allowed  on  the 
same  day,  and  at  the  same  stage  of  the  bill  or 
proposition.  A  motion  to  strike  out  the  enacting 


170  RULES  OF  THE  HOUSE. 

words  of  a  bill  shall  have  precedence  of  a  mo- 
tion to  amend,  and,  if  carried,  shall  be  consider- 
ed equivalent  to  its  rejection. 

33.  When  a  resolution  shall  be  offered,  or  a 
motion  made,  to  refer  any  subject,  and  different 
committees  shall  be  proposed,  the  question  shall 
be  taken  in  the  following  order : 

The  committee  of  the  whole  House  on  the 
state  of  the  Union ;  the  committee  of  the  whole 
House  ;  a  standing  committee  ;  a  select  commit- 
tee. 

34.  A  motion  to  adjourn  shall  be  always  in 
order :  that,  and  the  motion  to  lie  on  the  table, 
shall  be  decided  without  debate. 

35.  The  previous  question  shall  be  in  this 
form  :  "  Shall  the  main  question  be  now  put?" 
It  shall  only  be  admitted  when  demanded  by  a 
majority  of  the  members  present ;  and,  until  it 
is  decided,  shall  preclude  all  amendment,  and 
further  debate  of  the  main  question. 

36.  On  a  previous  question  there  shall  be  no 
debate. 

37.  When  a  question  is  postponed  indefinite- 
ly, the  same  shall  not  be  acted  upon  again  dur- 
ing the  session. 

38.  Any  member  may  call  for  the  division  of 
a  question,  which  shall  be  divided  if  it  compre- 
hends questions  so  distinct,  that,  one  being  taken 
away,  the  rest  may  stand  entire  for  the  decision 
of  the  House  :  a  motion  to  strike  out  being  lost, 
shall  preclude  neither  amendment  nor  a  motion 
to  strike  out  and  insert. 


RULES  OF  THE  HOUSE.  171 

39.  Motions  and  reports  may  be  committed 
at  the  pleasure  of  the  House. 

40.  No  motion  or  proposition  on  a  subject, 
different  from  that  under  consideration,  shall  be 
admitted  under  colour  of  amendment. 

41.  When  a  motion  has  been  once  made  and 
carried  in  the  affirmative  or  negative,  it  shall  be 
in  order   for  any  member  of  the  majority  to 
move  for  the   reconsideration   thereof,  on  the 
same  or  the  succeeding  day :  and  such  motion 
shall  take  precedence  of  all  other  questions,  ex- 
cept a  motion  to  adjourn. 

42.  When  the  reading  of  a  paper  is  called 
for,  and  the  same  is  objected  to  by  any  mem- 
ber, it  shall  be  determined  by  a  vote  of  the 
House. 

43.  The  unfinished  business  in  which  the 
House  was  engaged  at  the  last  preceding  ad- 
journment, shall  have  the  preference  in  the  or- 
ders of  the  day ;  and  no  motion  on  any  other 
business  shall  be  received,  without  special  leave 
of  the  House,  until  the  former  is  disposed  of. 

44.  Every  order,  resolution,  or  vote,  to  which 
the  concurrence  of  the  Senate  shall  be  neces- 
sary, shall  be  read  to  the  House,  and  laid  on  the 
table,  on  a  day  preceding  that  in  which  the  same 
shall  be  moved,  unless  the  House  shall  other- 
wise expressly  allow. 

45.  Petitions,  memorials,  and  other  papers, 
addressed  to  the  House,  shall  be  presented  by  the 
Speaker,  or  by  a  member  in  his  place :  a  brief 
statement  of  the  contents  thereof  shall  verbally 


172  RULES  OF  THE  HOUSE. 

be  made  by  the  introducer,  and  shall  not  be  de- 
bated or  decided  on  the  day  of  their  being  first 
read,  unless  where  the  House  shall  direct  other- 
wise, but  shall  lie  on  the  table,  to  be  taken  up  in 
the  order  they  were  read. 

46.  A  proposition  requesting  information  from 
the  President  of  the  United  States,  or  directing 
it  to  be  furnished  by  the  head  of  either  of  the 
Executive  Departments,  or  by  the  Postmaster 
General,  or  to  print  an  extra  number  of  any 
document  or  other  matter,  excepting  messages 
of  the  President  to  both  Houses  at  the  com- 
mencement of  each  session  of  Congress,  and  the 
reports   and  documents  connected  with,  or  re- 
ferred to  in  it,  shall  lie  on  the  table  one  day  for 
consideration,  unless  otherwise  ordered  by  the 
unanimous  consent  of  the  House  ;  and  all  such 
propositions  shall  be  taken  up  for  consideration 
in  the  order  they  were  presented,  immediately 
after  reports  are  called  for  from  select  commit- 
tees ;  and,  when  adopted,  the  clerk  shall  cause 
the  same  to  be  delivered. 

47.  Any  fifteen  members  (including  the  Speak- 
er, if  there  be  one)  shall  be  authorized  to  com- 
pel the  attendance  of  absent  members. 

48.  Upon  calls  of  the  House,  or  in  taking  the 
yeas  and  nays  on  any  question,  the  names  of  the 
members  shall  be  called  alphabetically. 

49.  Any  member  may  excuse  himself  from 
serving  on  any  committee  at  the  time  of  his  ap- 
pointment, if  he  is  then  a  member  of  two  other 
committees. 


RULES  OF  THE  HOUSE.  173 

50.  No  member  shall  absent  himself  from 
the  service  of  the  House  unless  he  have  leave, 
or  be  sick  and  unable  to  attend. 

51..  Upon  the  call  of  the  House,  the  names 
of  the  members  shall  be  called  over  by  the  clerk, 
and  the  absentees  noted ;  after  which  the  names 
of  the  absentees  shall  again  be  called  over,  the 
doors  shall  then  be  shut,  and  those  for  whom 
no  excuse,  or  insufficient  excuses  are  made, 
may,  by  order  of  those  present,  if  fifteen  in 
number,  be  taken  into  custody  as  they  appear, 
or  may  be  sent  for  and  taken  into  custody, 
wherever  to  be  found,  by  special  messengers  to 
be  appointed  for  that  purpose. 

52.  When  a  member  shall  be  discharged  from 
custody,   and  admitted  to  his  seat,  the  House 
shall   determine  whether  such  discharge  shall 
be  with  or  without  paying  fees ;  and,  in  like 
manner,  whether  a  delinquent  member,  taken 
into  custody  by  a  special  messenger,  shall,  or 
shall  not,  be  liable  to  defray  the  expense  of  such 
special  messenger. 

53.  A  sergeant-at-arms  shall  be  appointed,  to 
hold  his  office  during  the  pleasure  of  the  House, 
whose  duty  it  shall  be  to  attend  the  House  dur- 
ing its  sitting ;  to  execute  the  commands  of  the 
House  from  time  to  time,  together  with  all  such 
process,  issued  by  authority  thereof,  as  shall  be 
directed  to  him  by  the  Speaker. 

54.  The  fees  of  the  sergeant-at-arms  shall  be, 
for  every  arrest,  the  sum  of  two  dollars ;  for 
each  day's  custody  and  releasement,  one  dollar; " 


174 


RULES  OF  THE  HOUSE. 


and  for  travelling  expenses  for  himself  or  spe- 
cial messenger,  going  and  returning,  one-tenth 
of  a  dollar  per  mile. 

55.  Twenty-three  standing  committees  shall 
be  appointed  at  the  commencement  of  each  ses- 
sion, viz : 

A  Committee  of  Elections, 

A  Committee  of  Ways  and  Means, 

A  Committee  of  claims, 

A  Committee  of  Commerce, 

A  Committee  on  the  Public  Lands, 

A  Committee  on  the  Post  office  and 
Post  Roads, 

A  Committee  for  the  District  of  Colum- 
bia, 

A  Committee  on  the  Judiciary, 

A  Committee  on  Revolutionary  Claims,     To  consist 

A  Committee  on  Public  Expenditures,    ^     of  seven 

A  Committe  on  Private  Land  Claims,  Members 

A  Committee  on  Manufactures,  each. 

A  Committee  on  Agriculture, 

A  Committee  on  Indian  Affairs, 

A  Committee  on  Military  Affairs, 

A  Committee  on  Naval  Affairs, 

A  Committee  on  Foreign  Affairs, 

A  Committee  on  the  Territories, 

A  Committee  on  Revolutionary  Pen- 
sions, 

A  Committee  on  Invalid  Pensions, 

A  Committee  on  Roads  and  Canals, 


To  consist  of 
three  Mem- 
bers each. 


A  Committee  of  Revisal  and  Unfinish- 
ed Business,  and 
yA.  Committee  of  Accounts, 

It  shall  be  the  duty  of  the  Committee  of  Elec- 
tions to  examine  and  report  upon  the  certificates 


RULES  OF  THE  HOUSE.  175 

of  election,  or  other  credentials,  of  the  members 
returned  to  serve  in  this  House,  and  to  take  into 
their  consideration  all  such  petitions,  and  other 
matters  touching  elections  and  returns,  as  shall 
or  may  be  presented,  or  come  into  question,  and 
be  referred  to  them  by  the  House. 

57.  It  shall  be  the  duty  of  the  Committee  of 
Ways  and  Means  to  take  into  consideration  all 
such  reports  of  the  Treasury  Department,  and 
all  such  propositions  relative  to  the  revenue,  as 
may  be  referred  to  them  by  the  House ;  to  in- 
quire into  the  state  of  the  public  debt  or  the  re- 
venue, and  of  the  expenditure ;  and  to  report, 
from  time  to  time,  their  opinion  thereon ;  to  ex- 
amine into  the  state  of  the  several  public  De- 
partments, and  particularly  into  the  laws  making 
appropriations  of  moneys  ;  and  to  report  whether 
the  moneys  have  been  disbursed  conformably 
with  such  laws ;  and,  also,  to  report,  from  time 
to  time,  such  provisions  and  arrangements  as 
may  be  necessary  to  add  to  the  economy  of  the 
Departments,  and  the  accountability  of  their  of- 
ficers. 

In  preparing  bills  of  appropriation  for  other 
objects,  the  Committee  of  Ways  and  Means  shall 
not  include  appropriations  for  carrying  into  effect 
treaties  made  by  the  United  States ;  and,  where  an 
appropriation  bill  shall  be  referred  to  them,  for 
their  consideration,  which  contains  appropria- 
tions for  carrying  a  treaty  into  effect,  and  for  other 
objects,  they  shall  propose  such  amendments  as 
shall  prevent  appropriations  for  carrying  a  treaty 


176  RULES  OF  THE  HOUSE. 

into  effect,  being  included  in  the  same  bill  with 
the  appropriations  for  other  objects. 

58.  It  shall  be  the  duty  of  the  Committee  of 
Claims  to  take  into  consideration  all  such  peti- 
tions and  matters  or  things  touching  claims  and 
demands  on  the  United  States,  as  shall  be  pre- 
sented, or  shall  or  may  come  in  question,  and 
be  referred  to  them  by  the  House ;  and  to  re- 
port their  opinion  thereupon,  together  with  such 
propositions  for  relief  therein,  as  to  them  shall 
seem  expedient. 

59.  It  shall  be  the  duty  of  the  Committee  of 
Commerce  to  take  into  consideration  all  such 
petitions  and  matters   or   things   touching   the 
commerce  of  the  United  States,  as  shall  be  pre- 
sented, or  shall  or  may  come  into  question,  and 
be  referred  to  them  by  the  House ;  and  to  re- 
port, from  time  to  time,  their  opinion  thereon. 

60.  It  shall  be  the  duty  of  the  Committee  on 
the  Public  Lands  to  take  into  consideration  all 
such  petitions  and  matters  or  things  respecting 
the  lands  of  the  United  States,  as  shall  be  pre- 
sented, or  shall  or  may  come  in  question,  and 
be  referred  to  them  by  the  House ;  and  to  re- 
port their  opinion  thereupon,  together  with  such 
propositions  for  relief  thereof  as  to  them  shall 
seem  expedient. 

61.  It  shall  be  the  duty  of  the  Committee  on 
the  Post  Office  and  Post  Roads  to  take  into 
consideration  all  such  petitions  and  matters  or 
things  touching  the  Post  Office  and  Post  Roads, 
as  shall  be  presented,  or  may  come  in  question, 


RULES  OF  THE  HOUSE.  177 

and  be  referred  to  them  by  the  House;  and  to 
report  their  opinion  thereupon,  together  with 
such  propositions  relative  thereto  as  to  them 
shall  seem  expedient. 

62.  It  shall  be  the  duty  of  the  Committee  for 
the  District  of  Columbia  to  take  into  considera- 
tion all  such  petitions,  matters,  or  things,  touch- 
ing the  said  District,  as  shall  be  presented,  or 
shall  come  in  question,  and  he  referred  to  them 
by   the   House ;    and   to   report  their   opinion 
thereon,  together  with  such  propositions  relative 
thereto  as  to  them  shall  seem  expedient. 

63.  It  shall  be  the  duty  of  the  Committee  on 
the  Judiciary  to  take  into  consideration  such  pe- 
titions, and  matters  or  things,  touching  judicial 
proceedings,  as  shall  be  presented,  or  may  come 
in  question,  and  be   referred  to  them  by  the 
House;  and  to  report  their  opinion  thereupon, 
together  with  such  propositions  relative  thereto 
as  to  them  shall  seem  expedient. 

64.  It  shall  be  the  duty  of  the  Committee  on 
Revolutionary  Claims  to  take  into  consideration 
all  such  petitions  and  matters  or  things,  touching 
claims  and  demands  originating  in  the  revolu- 
tionary war,  or  arising  therefrom,  as  shall  be 
presented,  or  shall  or  may  come  in  question, 
and  be  referred  to  them  by  the  House ;  and  to 
report   their  opinion  thereupon,  together  with 
such  propositions  for  relief  therein,  as  to  them 
shall  seem  expedient. 

65.  It  shall  be  the  duty  of  the  Committee  on 
Public  Expenditures  to  examine  into  the  state 

M 


178  RULES  OP  THE  HOUSE 

of  the  several  public  Departments,  and  particu- 
larly into  laws  making  appropriations  of  moneys, 
and  to  report  whether  the  moneys  have  been 
disbursed  conformably  with  such  laws;  and, 
also,  to  report,  from  time  to  time,  such  provi- 
sions and  arrangements  as  may  be  necessary  to 
add  to  the  economy  of  the  Departments,  and  the 
accountability  of  their  officers. 

66.  It  shall  be  the  duty  of  the  Committee  on 
Private  Land  Claims  to  take  into  consideration 
all   claims    to  land  which  may  be  referred  to 
them,  or  shall  or  may  come  in  question,  and  to 
report  their  opinion   thereupon,  together  with 
such  propositions  for  relief  therein  as  to  them 
shall  seem  expedient. 

67.  It  shall  be  the  duty  of  the  Committee  on 
Military  Affairs  to  take  into  consideration  all 
subjects  relating  to  the  military  establishment 
and  public  defence,  which  may  be  referred  to 
them  by  the  House,  and  to  report  their  opinion 
thereupon;  and,  also,  to  report,  from  time  to  time, 
such  measures  as  may  contribute  to   economy 
and    accountability  in  the  said    establishment. 

68.  It  shall  be  the  duty  of  the  Committee  on 
Naval  Affairs  to  take  into  consideration  all  mat- 
ters which  concern  the  naval  establishment,  and 
which  shall  be  referred  to  them  by  the  House, 
and  to  report  their  opinion  thereupon  ;  and,  also, 
to  report,  from  time  to  time,  such  measures  as 
may  contribute  to  economy  and  accountability 
in  the  said  establishment. 

69.  It  shall  be  the  duty  of  the  Committee  on 


RULES  OF  THE  HOUSE.  179 

Foreign  Affairs  to  take  into  consideration  all 
matters  which  concern  the  relations  of  the  Uni- 
ted States  with  foreign  nations,  and  which  shall 
be  referred  to  them  by  the  House,  and  to  report 
their  opinion  on  the  same. 

70.  It  shall  be  the  duty  of  the  Committee  on 
the  Territories  to  examine  into  their  legislative, 
civil  and  criminal  proceedings,  and  to  devise 
and  report  to  the  House  such  means  as,  in  their 
opinion,  may  be  necessary  to  secure  the  rights 
and  privileges  of  residents  and  non-residents. 

71.  It  shall  be  the  duty  of  the  Committee  on 
Revolutionary  Pensions  to  take  into  considera- 
tion all  such  matters  respecting  pensions  for  ser- 
vices in  the  revolutionary  war,  other  than  In- 
valid Pensions,  as  shall  be  referred  to  them  by 
the  House. 

72.  It  shall  be  the  duty  of  the  Committee  on 
Invalid  Pensions,  to  take  into  consideration  all 
such   matters  respecting  Invalid  Pensions,    as 
shall  be  referred  to  them  by  the  House. 

73.  It  shall  be  the  duty  of  the  Committee  on 
Roads  and  Canals  to  take  into  consideration  all 
such  petitions,  and  matters  or  things,  relating  to 
Roads  and  Canals,  and  the  improvement  of  the 
navigations  of  Rivers,  as  shall  be  presented,  or 
may  come  in  question,  and  be  referred  to  them 
by  the  House,  and  to  report  thereupon,  together 
with  such  propositions  relative  thereto,  as  to 
them  shall  seem  expedient. 

74.  It  shall  be  the  duty  of  the  Committee  of 
Revisal   and   Unfinished  Business  to  examine 


180 


RULES  OF  THE  HOUSE. 


and  report  what  laws  have  expired,  or  are  near 
expiring,  and  require  to  be  revived  or  further 
continued ;  also,  to  examine  and  report,  from 
the  Journal  of  the  last  session,  all  such  matters 
as  were  then  depending  and  undetermined. 

75.  It  shall  be  the  duty  of  the  Committee  of 
Accounts  to  superintend  and  control  the  expen- 
ditures of  the  contingent  fund  of  the  House  of 
Representatives,  and  to  audit  and  settle  all  ac- 
counts which  may  be  charged  thereon :    and, 
also,  to  audit  the  accounts  of  the  members  for 
their  travel  to  and  from  the  seat  of  Government, 
and  their  attendance  in  the  House. 

76.  Six  additional  Standing  Committees  shall 
be  appointed  at  the  commencement  of  the  first  ses- 
sion in  each  Congress,  whose  duty  shall  continue 
until  the  first  session  of  the  ensuing  Congress. 

1.  A  committee  on  so  much  of  the  public" 

accounts  and  expenditures  as  relate 
to  the  Department  of  State  ; 

2.  A  committee  on  so  much  of  the  public 

accounts  and  expenditures  as  relate 
to  the  Treasury  Department ; 

3.  A  committee  on  so  much  of  the  public 

accounts  and  expenditures  as  relate  |  To  consist 
to  the  Department  of  War ;  !      of  three 

4.  A  committee  on  so  much  of  the  public  j      members 

accounts  and  expenditures  as  relate         each, 
to  the  Department  of  the  Navy ; 

5.  A  committee  on  so  much  of  the  public 

accounts  and  expenditures  as  relate 
to  the  Post  Office ;  and 

6.  A  committee  on  so  much  of  the  public 

accounts  and  expenditures  as  relate 
to  the  Public  Buildings  ; 


RULES  OF  THE  HOUSE.  181 

77.  It  shall  be  the  duty  of  the  said  Commit- 
tees to  examine  into  the  state  of  the  accounts 
and  expenditures  respectively  submitted  to  them, 
and  to  inquire  and  report  particularly — 

Whether  the  expenditures  of  the  respective 
Departments  are  justified  by  law  : 

Whether  the  claims,  from  time  to  time,  satis- 
fied and  discharged  by  the  respective  Depart- 
ments, are  supported  by  sufficient  vouchers,  es- 
tablishing their  justness  both  as  to  their  charac- 
ter and  amount : 

Whether  such  claims  have  been  discharged 
out  of  funds  appropriated  therefor ;  and  whether 
all  moneys  have  been  disbursed  in  conformity 
with  appropriation  laws  :  and 

Whether  any,  and  what,  provisions  are  ne- 
cessary to  be  adopted,  to  provide  more  perfectly 
for  the  proper  application  of  the  public  moneys, 
and  to  secure  the  Government  from  demands 
unjust  in  their  character,  or  extravagant  in  their 
amount. 

And  it  shall  be,  moreover,  the  duty  of  the 
said  Committees  to  report,  from  time  to  time, 
whether  any,  and  what,  retrenchment  can  be 
made  in  the  expenditures  of  the  several  Depart- 
ments, without  detriment  to  the  public  service  ; 
whether  any,  and  what,  abuses  at  any  time  ex- 
ist in  the  failure  to  enforce  the  payment  of 
moneys  which  may  be  due  to  the  United  States 
from  public  defaulters  or  others  ;  and  to  report, 
from  time  to  time,  such  provisions  and  arrange- 
ments as  may  be  necessary  to  add  to  the  econo- 


182  RULES  OF  THE  HOUSE* 

my  of  the  several  Departments,  and  the  account- 
ability of  their  officers. 

78.  The  several  Standing  Committees  of  the 
House   shall  have  leave   to  report  by  bill  or 
otherwise. 

79.  No  committee  shall  sit  during  the  sitting 
of  the  House,  without  special  leave. 

80.  The  clerk  of  the  House  shall  take  an  oath 
for  the  true  and  faithful  discharge  of  the  duties 
of  his  office,  to  the  best  of  his  knowledge  and 
abilities,  and  shall  be  deemed  to  continue  in 
office  until  another  be  appointed. 

81.  It  shall  be  the  duty  of  the  clerk  to  make, 
and  cause  to  be  printed  and  delivered  to  each 
member,  at  the  commencement  of  every  session 
of  Congress,  a  list  of  the  reports  which  it  is  the 
duty  of  any  officer  or  Department  of  the  Go- 
vernment to  make  to  Congress  :  referring  to  the 
act  or  resolution,  and  page  of  the  volume  of  the 
Laws  and  Journal  in  which  it  may  be  contain- 
ed ;  and  placing  under  the  name  of  each  officer 
the  list  of  reports  required  of  him  to  be  made, 
and  the  time  when  the  report  may  be  expected. 

82.  It  shall  be  the  duty  of  the  clerk  of  the 
House,  at  the  end  of  each  session,  to  send  a 
printed  copy  of  the  Journals  thereof  to  the  Exe- 
cutive, and  to  each  branch  of  the  Legislature  of 
every  State. 

83.  All  questions  of  order  shall  be  noted  by 
the  clerk,  with  the  decision,  and  put  together 
at  the  end  of  the  Journal  of  every  session. 

84.  Whenever  confidential   communications 


RULES  OF  THE  HOUSE.  183 

are  received  from  the  President  of  the  United 
States,  the  House  shall  be  cleared  of  all  persons, 
except  the  members,  Clerk,  Sergeant-at-Arms, 
and  Doorkeeper,  and  so  continue  during  the 
reading  of  such  communications,  and  (unless 
otherwise  directed  by  the  House)  during  all  de- 
bates and  proceedings  to  be  had  thereon.  And 
when  the  Speaker,  or  any  other  member,  shall 
inform  the  House  that  he  has  communications 
to  make,  which  he  conceives  ought  to  be  kept 
secret,  the  House  shall,  in  like  manner,  be  clear- 
ed, till  the  communication  be  made ;  the  House 
shall  then  determine  whether  the  matter  com- 
municated requires  secrecy  or  not,  and  take  or- 
der accordingly. 

85.  The  Sergeant-at-arms  and  the  Doorkeeper 
shall  be  sworn  to  keep  the  secrets  of  the  House. 

86.  All  questions  relating  to  the  priority  of  busi- 
ness to  be  acted  on  shall  be  decided  without  de- 
bate. 

OF  BILLS. 

87.  Every  bill  shall  be  introduced  by  motion 
for  leave,  or  by  an  order  of  the  House,  on  the 
report  of  the  committee  ;  and,  in  either  case,  a 
committee  to  prepare  the  same  shall  be  appoint- 
ed.    In  cases  of  a   general   nature  one   day's 
notice  at  least  shall  be  given  of  the  motion  to 
bring  in  a  bill ;  and  every  such  motion  may  be 
committed. 

88.  Every  bill  shall  receive   three  several 


1  84  RULES  OP  THE  HOUSE. 

readings  in  the  House  previous  to  its  passage ; 
and  all  bills  shall  be  dispatched  in  order  as  they 
were  introduced,  unless  where  the  House  shall 
direct  otherwise ;  but  no  bill  shall  be  twice  read 
on  the  same  day,  without  special  order  of  the 
House. 

89.  The  first  reading  of  a  bill  shall  be  for  in- 
formation ;  and,  if  opposition  be  made  to  it,  the 
question  shall  be,  "  Shall  this  bill  be  rejected  ?" 
If  no  opposition  be  made,  or  if  the  question  to 
reject  be  negatived,  the  bill  shall  go  to  its  second 
reading  without  a  question. 

90.  Upon  the  second  reading  of  a  bill,  the 
Speaker  shall  state  it  as  ready  for  commitment 
or  engrossment ;  and,  if  committed,  then  a  ques- 
tion shall  be,  whether  to  a  select  or  standing 
committee,   or  to   a   committee  of  the  whole 
House :  if  to  a  committee  of  the  whole  House, 
the  House  shall  determine  on  what  day.     But, 
if  the  bill  be  ordered  to  be  engrossed,  the  House 
shall  appoint  the  day  when  it  shall  be  read  the 
third  time. 

91.  Not  more  than  three  bills,  originating  in 
the  House,  shall  be  committed  to  the  same  com- 
mittee of  the  whole ;  and  such  bills  be  analo- 
gous in  their  nature,  which  analogy  shall  be  de- 
termined by  the  Speaker 

92.  After  commitment  and  report  thereof  to 
the  House,  or  at  any  time  before  its  passage,  a 
bill  may  be  recommitted. 

93.  All  bills  ordered  to  be  engrossed  shall  be 
executed  in  a  fair  round  hand. 


RULES  OF  THE  HOUSE.  185 

94.  No  amendment  by  way  of  rider,  shall  be 
received  to  any  bill  on  its  third  reading. 

95.  When  a  bill  shall  pass,  it  shall  be  certi- 
fied by  the  Clerk,  noting  the  day  of  its  passage 
at  the  foot  thereof. 

OF  COMMITTEES  OF  THE  WHOLE  HOUSE. 

96.  It  shall  be  a  standing  order  of  the  day, 
throughout  the  session,  for  the  House  to  resolve 
itself  into  a  committee  of  the  whole  House  on 
the  State  of  the  Union. 

97.  In   forming   a  committee   of  the  whole 
House,  the  Speaker  shall  leave  his  chair,  and  a 
Chairman  to  preside  in  committee,  shall  be  ap- 
pointed by  the  Speaker. 

98.  Upon  bills  committed  to  a  committee  of 
the  whole  House,  the  bill  shall  be  first  read 
throughout  by  the  clerk,  and  then  again  read 
and  debated  by  clauses,  leaving  the  preamble  to 
be  last  considered ;  the  body  of  the  bill  shall  not 
be  defaced  or  interlined,  but  all  amendments, 
noting  the  page  and  line,  shall  be  duly  entered 
by  the  clerk  on  a  separate  paper,  as  the  same 
shall  be  agreed  to  by  the  committee,  and  so  re- 
ported to  the  House.   After  report,  the  bill  shall 
again  be  subject  to  be  debated  and  amended  by 
clauses,  before  a  question  to  engross  it  be  taken. 

99.  All  amendments  made  to  an  original  mo- 
tion in  committee,  shall  be  incorporated  with 
the  motion,  and  so  reported. 

100.  All  amendments  made  to  a  report  com- 


186  RULES  OF  THE  HOUSE. 

mitted  to  a  committee  of  the  whole  House  shall 
be  noted  and  reported,  as  in  case  of  bills. 

L01.  All  questions,  whether  in  committee  or 
in  the  House,  shall  be  propounded  in  the  order 
in  which  they  were  moved,  except  that,  in  filling 
up  blanks,  the  largest  sum  and  longest  time  shall 
be  first  put. 

102.  No  motion  or  proposition  for  a  tax  or 
charge  upon  the  people  shall  be  discussed  the 
day  in  which  it  is  made  or  offered  ;  and  every 
such  proposition  shall  receive  its  first  discussion 
in  a  committee  of  the  whole  House. 

103.  No  sum  or  quantum  of  tax  or  duty,  voted 
by  a  committee  of  the  whole  House,  shall  be  in- 
creased in  the  House  until  the  motion  or  propo- 
sition for  such  increase  shall  be  first  discussed 
and  voted  in  a  committee  of  the  whole  House ; 
and  so  in  respect  to  the  time  of  its  continuance. 

104.  AIL  proceedings,  touching  appropriations 
of  money,  shall  be  first  discussed  in  a  committee 
of  the  whole  House. 

105.  The  rules  of  proceedings  in  the  House 
shall  be  observed  in  a  committee  of  the  whole 
House,  so  far  as  they  may  be  applicable,  except 
the  rule  limiting  the  time  of  speaking ;  but  no 
member  shall  speak  twice  to  any  question,  until 
every  member  choosing  to   speak   shall  have 
spoken. 

106.  No  standing  rule  or  order  of  the  House 
shall  be  rescinded  or  changed  without  one  day's 
notice  being  given  of  the  motion  therefor.     Nor 
shall  any  rule  be  suspended,  except  by  a  vote  of 


RULES  OF  THE  HOUSE.  187 

at  least  two-thirds  of  the  members  present.  Nor 
shall  the  order  of  business,  as  established  by  the 
rules  of  the  House,  be  postponed  or  changed, 
except  by  a  vote  of  at  least  two-thirds  of  the 
members  present. 

107.  It  shall  be  in  order  for  the  Committee 
on  Enrolled  Bills  to  report  at  any  time. 

108.  No  person  shall  be  permiited  to  perform 
divince  service  in  the  chamber  occupied  by  the 
House  of  Representatives,  unless  with  the  con- 
sent of  the  Speaker. 

109.  The  rule  for  paying  witnesses  summon- 
ed to  appear  before  this  House,  or  either  of  its 
committees,  shall  be  as  follows  :  for  each  day  a 
witness  shall  attend,  the  sum  of  two  dollars  ;  for 
each  mile  he  shall  travel  in  coming  to,  or  going 
from,  the  place  of  examination,  the  sum  of  ten 
cents  each  way ;  but  nothing  shall  be  paid  for 
travelling  home  when  the  witness  has  been  sum- 
moned at  the  place  of  trial. 

110.  The  clerk  shall,  within  thirty  days  after 
the  close  of  each  session  of  Congress,  cause  to 
be  completed  the  printing  and  primary  distribu- 
tion to  members  and  delegates,  of  the  journal  of 
the  House,  together  with  an  accurate  index  to 
the  same. 


JOINT  RULES 
OF   THE    TWO   HOUSES. 


1.  In  every  case  of  an  amendment  of  a  bill, 
agreed  to  in  one  House,  and  dissented  to  in  the 
other,  if  either  House  shall  request  a  conference, 
and  appoint  a  committee  for  that  purpose,  and 
the  other  House  shall  also  appoint  a  committee 
to  confer,  such  committee  shall,  at  a  convenient 
hour,  to  be  agreed  on  by  their  chairman,  meet 
in  the  conference  chamber,  and  state  to  each 
other,  verbally,   or  in  writing,   as  either  shall 
choose,  the  reasons  of  their  respective  Houses 
for  and  against  the  amendment,  and  confer  free- 
ly thereon. 

2.  When  a  message  shall  be  sent  from  the 
Senate  to  the  House  of  Representatives,  it  shall 
be  announced  at  the  door  of  the  House  by  the 
doorkeeper,  and  shall  be  respectfully  communi- 
cated to  the  chair,  by  the  person  by  whom  it 
may  be  sent. 

3.  The   same   ceremony  shall  be   observed 
when  a  message  shall  be  sent  from  the  House 
of  Representatives  to  the  Senate. 

4.  Messages  shall  be  sent  by  such  persons  as 
sense  of  propriety  in  each  House  may  determine 
to  be  proper. 


JOINT  RULES  OF  BOTH  HOUSES.  189 

6.  While  bills  are  on  their  passage  between 
the  two  Houses,  they  shall  be  on  paper,  and 
under  the  signature  of  the  secretary  or  clerk  of 
each  House,  respectively. 

6.  After  a  bill  shall  have  passed  both  Houses, 
it  shall  be  duly  enrolled  on  parchment,  by  the 
clerk  of  the  House  of  Representatives,  or  the 
secretary  of  the  Senate,  as  the  bill  may  have 
originated  in  the  ©ne  or  the  other  House,  before 
it  shall  be  presented  to  the  President  of  the  Uni- 
ted States. 

7.  When  bills  are  enrolled,  they  shall  be  ex- 
amined by  a  joint  committee  of  two  from  the 
Senate,  and  two  from  the  House  of  Representa- 
tives,  appointed  as   a  standing  committee  for 
that  purpose,  who  shall  carefully  compare  the 
enrolment  with  the  engrossed  bills  as  passed  in 
the  two  Houses,  and,  correcting  any  errors  that 
may  be  discovered  in  the  enrolled  bills,  make 
their  report  forthwith  to  their  respective  Houses. 

8.  After  examination   and  report,  each  bill 
shall  be  signed  in  the  respective  Houses,  first 
by  the  Speaker  of  the  House  of  Representa- 
tives, then  by  the  President  qf  the  Senate. 

9.  After  a  bill  shall  have  been  thus  signed  in 
each  House,  it  shall  be  presented  by  the  said 
committee  to  the  President  of  the  United  States 
for  his  approbation,  it  being  first  endorsed  on 
the  back  of  the  roll,  certifying  in  which  House 
the  same  originated ;  which  endorsement  shall 
be  signed  by  the  secretary  or  clerk  (as  the  case 
may  be)  of  the  House  in  which  the  same  did 


190  JOINT  RULES  OF  BOTH  HOUSES. 

originate,  and  shall  be  entered  on  the  journal  of 
each  House.  The  said  committee  shall  report 
the  day  of  presentation  to  the  President,  which 
time  shall  also  be  carefully  entered  on  the  jour- 
nal of  each  House. 

10.  All  orders,  resolutions,  and  votes,  which 
are  to  be  presented  to  the  President  of  the  Uni- 
ted States  for  his  approbation,  shall,  also,  in 
the  same  manner,  be  previously  enrolled,  ex- 
amined, and  signed,  and  shall  be  presented  in 
the  same  manner,  and  by  the  same  committee, 
as  provided  in  cases  of  bills. 

11.  When  the  Senate  and  House  of  Repre- 
sentatives shall  judge  it  proper  to  make  a  joint 
address  to  the  President,  it  shall  be  presented  to 
him  in  his  audience  chamber,  by  the  President 
of  the  Senate,  in  the  presence  of  the  Speaker 
and  both  Houses. 

12.  When  a  bill  or  resolution,  which  shall 
have  passed  in  one  House,  is  rejected  in  the 
other,  notice  thereof  shall  be  given  to  the  House 
in  which  the  same  may  have  passed. 

13.  When  a  bill  or  resolution  which  has  been 
passed  in  one  House,  shall  be  rejected  in  the 
other,  it  shall  not  be  brought  in  during  the  same 
session,  without  a  notice  of  ten  days,  and  leave 
of  two-thirds  of  that  House  in  which  it  shall  be 
renewed. 

14.  Each  House  shall  transmit  to  the  other 
all  papers  on  which  any  bill  or  resolution  shall 
be  founded. 

15.  After  each  House  shall  have  adhered  to 


JOINT  RULES  OF  BOTH  HOUSES.  191 

their  disagreement,  a  bill  or  resolution  shall  be 
lost. 

16.  No  bill  that  shall  have  passed  one  House, 
shall  be  sent  for  concurrence  to  the  other,  on 
either  of  the  three  last  days  of  the  session. 

17.  No  bill  or  resolution  that  shall  have  pass* 
ed  the  House  of  Representatives  and  the  Senate, 
shall  be  presented  to  the  President  of  the  Uni- 
ted States,  for  his  approbation,  on  the  last  day 
of  the  session. 

18.  When  bills  which  have  passed  one  House 
are  ordered  to  be  printed  in  the  other,  a  greater 
number  of  copies  shall  not  be  printed  than  may 
be  necessary  for  the  use  of  the  House  making 
the  order, 


1 123 1  IPJ 


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